Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments C.115, C.119, C.120, C.139, C.155, C.161, C.174, C.176 and C.184

To provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 119 (guarding of machinery), 120 (hygiene (commerce and offices)), 139 (occupational cancer), 155 (OSH), 161 (occupational health services), 174 (prevention of major industrial accidents), 176 (safety and health in mines), and 184 (safety and health in agriculture) together.

The Committee notes the observation of the Confederation of Free Trade Unions of Ukraine (KVPU) on the application of Convention No 155, received on 31 August 2023.

Application in practice of Conventions Nos 115, 119, 120, 139, 155, 161, 174, 176 and 184. The Committee further notes the information provided by the Government on the number of occupational accidents and cases of occupational diseases, including a 20 per cent decrease in the number of occupational accidents, from 3,634 in 2020 to 2,919 in 2022 and the information available on the Government’s online portal, on compliance with OSH requirements, in particular the number of monthly reports on occupational accidents and occupational deaths received in the first half of 2023. It also notes that according to the results of the investigations, 71 per cent of the reported accidents were caused by a failure to comply with OSH regulations. In this respect, the Committee notes reference made by the Government to the preventive activities of the State Labour Service (SLS), including information campaigns and training tools designed to minimize the risks of occupational accidents. The Committee requests the Government to continue to provide information on the application in practice of ratified OSH Conventions, including information on the number, nature and cause of reported occupational accidents, reported occupational deaths and reported cases of occupational diseases.

Article 16(3) of Convention No. 155 and Article 9(c) of Convention No. 176. Adequate protective equipment. The Committee notes that in response to the observations of the International Trade Union Confederation (ITUC) received in 2020, on the lack of preventive and protective measures and equipment to protect workers against the spread of COVID-19, especially in the healthcare and mining sector, the Government indicates, that awareness-raising activities to prevent accidents have been conducted in healthcare facilities, including in those dealing with COVID-19 infection. The Government further refers to preventive campaigns conducted by the State Labour Service (SLS) at the national level, including with regard to the provision and use of personal protective equipment. With respect to the provision and use of personal protective equipment in mines, the Committee refers to its comment below on Article 9(c).

A. General Provisions

Occupational Safety and Health Convention, 1981 (No. 155)

Articles 5(d), 19(b), (c) and (e), and 20 of the Convention. Communication and cooperation at the level of the undertaking and at all other appropriate levels. Following its previous comments on the improvement of communication and cooperation, the Committee notes the reference made by the Government to the Tripartite General Agreement 2019–21, which contained requirements for communication and cooperation at all appropriate levels, including on OSH. It further notes reference made to the SLS initiatives for the promotion of social dialogue and cooperation, including the establishment of an Interagency Working Group and other permanent working groups comprising representatives of interested bodies and social partners, which discuss the most important areas of work, identify risky industries and other issues related to occupational safety. In this respect, the Committee notes that the Draft Law On Safety and Health at Work, No. 10147, 13 October 2023 (OSH Draft Law No. 10147) provides for involvement and consultation at the level of the undertaking, including with regard to employers’ obligation to involve employees and/or their representatives in consultations and decision-making related to safety and health at work (section 25 (11 and 12)). Noting the ongoing review of the OSH legislation, the Committee requests the Government to continue to provide information on the manner in which it ensures communication and cooperation at all appropriate levels of the undertaking and gives full effect to Articles 5(d), 19(b), (c) and (e) and 20 of the Convention.

Article 9. Enforcement. The Government indicates that scheduled and unscheduled state supervisions (control) were suspended under the state of emergency issued by Decree of the President of Ukraine No. 64 dated 24.02.2022 “On the Introduction of a State of Emergency in Ukraine” (last extended on 10 November 2023 – Law No. 3429-IX). It further indicates that unscheduled measures of state supervision were nonetheless carried out during the state of emergency, including at the request of individuals, officials or trade unions for violations that caused damage to rights, life, health, legitimate interests, environment or security. The Committee notes the activities of SLS and its territorial bodies during the state of emergency, including activities related to the dissemination of information, consultation and provision of technical advice to employees and employers on labour and occupational safety and health. While taking into account the exceptional nature of the state of emergency, and reference to its 2023 comments under the Labour Inspection Convention, 1947 (No. 81) and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), the Committee requests the Government to provide information on the measures taken to ensure the enforcement of national OSH legislation in all workplaces.

Articles 13 and 19(f). Protection of workers who remove themselves from work situations presenting an imminent and serious danger. Further to Committee’s previous comments, the KVPU observes that OSH Draft Law No. 10147 does not provide a mechanism for the implementation of Article 13 regarding the protection of workers who remove themselves from work situations presenting an imminent and serious danger and does not guarantee the protection of workers and their representatives at the enterprise level required under Article 19 of the Convention. In this respect, the Committee notes that under OSH Draft Law No. 10147, employees who, in case of serious, unavoidable and imminent danger, have left dangerous workplaces/zones, are not responsible for such actions (section 22(6)) and shall not be liable for leaving their workplace and/or the dangerous area (section 26(10)). In addition, under section 22(5) of OSH Draft Law No. 10147, the employer is prohibited from giving instructions to employees to resume the performance of work duties during the existence of a danger (…). The Committee notes however that according to section 85(4) of the Draft Law of Ukraine "On Labour", downtimes (suspension of work due to the lack of organizational or technical conditions necessary for the performance of work, force majeure circumstances or other circumstances) due to the fault of the employee, are not paid. Noting that Article 13 provides for the right of workers to remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health, and to be protected from undue consequences, whether or not the danger was caused by the worker or is avoidable, the Committee requests the Government to take the necessary measures to ensure that the current review of the national legislation gives full effect to the requirements of Article 13 and 19(f).

Article 15. Arrangements, made after consultations with social partners, to ensure the necessary coordination between various authorities and bodies. Further to its previous comments, the Committee notes references made by the Government to activities led by the SLS to promote social dialogue, in particular, the formation of territorial bodies which have established permanent working groups involving about 300 specialists from various organizations and institutions including the Federation of Trade Unions of Ukraine and the Federation of Employers of Ukraine to discuss issues related to OSH at regional level. It further notes that at the initiative of the SLS, an Interagency Working Group, involving representatives of government agencies and social partners, was established to develop coordination and joint actions to reduce undeclared labour and prevent occupational injuries and diseases. The Committee requests the Government to continue to provide information on the measures taken to ensure the necessary coordination between various authorities on OSH issues.

Article 18. Measures to deal with emergencies and accidents, including adequate first-aid arrangements. The Committee welcomes that under section 22 of OSH Draft Law No. 10147 on the provision of first aid, fire extinguishing, elimination of accidents and evacuation of workers, employers are required to ensure the organization of appropriate emergency measures, including with regard to the provision of pre-medical care and evacuation of workers and persons at risk (Article 22(4)). The Committee requests the Government to pursue its efforts to ensure that full effect is given to the requirements of Article 18.

Occupational Health Services Convention, 1985 (No. 161)

Articles 2 and 4 of the Convention. Formulation, implementation and periodic review of a national policy on occupational health services. Further to its request for information regarding the impact of legislative reforms on occupational health services, the Government indicates that the reform of the OSH Management System in Ukraine (Decree No. 989, 2018) and its implementation under the Draft Law on Safety and Health at Work, No. 10147, 13 October 2023 (OSH Draft Law No. 10147) seek to create a risk-based approach for the prevention of occupational risks. Regarding the current legislation governing state health and epidemiological services, the Committee notes the provisions of the law of Ukraine on the public health system, of 1 October 2023, in particular Part III, section 16 on epidemiological surveillance of occupational diseases and labour protection and Part IV, section 25 on public health protection. The Committee notes that the Government does not provide any information on consultation with the most representative organizations of employers and workers. Noting the ongoing OSH legislative revision, the Committee requests the Government to provide further information on the measures taken to ensure the formulation, implementation and periodic review of a coherent national policy on occupational health services in consultation with the social partners. In this respect, once again the Committee requests the Government to provide detailed information on consultations undertaken with the most representative organizations of employers and workers on measures taken to give effect to the Convention, in particular in the context of the current reforms.

Articles 3(1), 5 and 7(1). Organization and functions of the occupational health service. Application in practice. Regarding the organization of occupational health services, the KVPU states that the OSH Draft Law No. 10147 does not provide for the creation of occupational hygiene services, in accordance with the Convention. The Committee notes, however, that section 15(6)(6) provides for the designation of safety and health officers in charge of the organization of monitoring the state of health of employees and conducting medical examinations. The Committee requests the Government to take Articles 3(1), 5 and 7(1) of the Convention into account in its ongoing revisions of the OSH legislative framework in particular with a view to ensuring that occupational health services provide for the requirements of Article 5(f) (surveillance of workers' health in relation to work), (g) (promoting the adaptation of work to the worker), (h) (contributing to measures of vocational rehabilitation), and (j) (organization of first aid).

Article 8. Cooperation between the employers, the workers and their representatives. The Committee notes that OSH Draft Law No. 10147 provides for consultations and involvement of employer organizations and trade unions (section 5) as well as involvement and consultation between employers and employees and their representatives at the level of the undertaking (sections 25 (11 and 12) and 27(7 and 8)). Noting the ongoing review of OSH Draft Law No. 10147, the Committee requests the Government to take the necessary measures to ensure that employers, workers and their representatives cooperate and participate in the implementation of the organizational and other measures relating to occupational health services.

Article 9(1). Composition of personnel within labour protection services. The Committee notes that under section 15 (1 to 5) of the OSH Draft law No. 10147, employers are required to determine the structure for the safety and health management system of employees at work, taking into account the size of the enterprise, the number of employees and the dangers that employees may be exposed to. Noting the ongoing review of the OSH Draft Law No. 10147, the Committee requests the Government to ensure that the new OSH legislation provides for occupational health services that are of a multidisciplinary nature, in accordance with Article 9(1).

Article 10. Full professional independence of health services personnel. The Committee notes that section 15(7) of the OSH Draft Law No. 10147 stipulates that during the performance of the specified functions, workers' safety and health officers at work, regardless of the way they are defined and/or their staff, must have professional independence from employers, workers and their representatives. The Committee requests the Government to take the necessary measures to ensure that full effect is given to the requirements of Article 10 in the framework of the current legislative reforms.

Article 12. No loss of earnings for workers in the process of the surveillance of their health. The Committee welcomes the measures envisaged under section 19(9) of OSH Draft Law No. 10147 which provides that the employer, at his own expense, organizes and ensures the passing of medical examinations of employees during working hours with the preservation of wages in accordance with the terms of the employment contract. The Committee requests the Government to pursue its efforts, in its ongoing legislative revision, to give full effect to Article 12.

Article 14. Information provided to the occupational health services on any factors which may affect workers’ health. The Committee notes that under section 15(10) of the OSH Draft Law No. 10147, employers are required to give information to business entities that provide services in the field of safety and health of employees at work, including for the assessment of occupational risks. The Committee requests the Government to take the necessary measures, including in the context of the ongoing legislative review, to ensure that occupational health services are informed of any factors in the working environment which may affect workers’ health.

Article 15. Informing occupational health services of ill health among workers and absence from work for health reasons. Following its previous comments, the Committee notes measures envisaged under section 6 of the OSH Draft Law No. 10147 on recording and investigating accidents and occupational diseases, but observes that the Draft does not refer to the obligation to inform occupational health services of occurrences of ill health amongst workers and absence from work for health reasons. The Committee once again requests the Government to indicate the measures taken or envisaged to ensure that occupational health services are informed of any factors in the working environment which may affect workers’ health, in accordance with the provisions of Article 15.

• Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

Articles 1, 6, 7 and 8. Maximum permissible doses. 1. Protection for pregnant and breastfeeding workers. The Committee notes once again that while the effective dose limit for pregnant women prescribed in the Law on the Protection of People from Ionizing Radiation is 1 millisievert (mSv) per year (in line with the recommendation of paragraph 33 of its General Observation of 2015), under section 5.6 of the Norms of Radiation Safety of Ukraine of 1997, the occupational exposure limit of pregnant women and women of childbearing age to ionizing radiation is two times higher than the recommended limit. The Committee once again requests the Government to provide information on measures taken or envisaged to revise the maximum permissible dose established for pregnant workers under the Norms of Radiation Safety of Ukraine of 1997.

2. Lens of the eye. The Committee notes with interest that the new amendments to the Law on Protection of People from Ionizing Radiation, approved by Law No. 3344-IX of 23 August 2023 set an equivalent dose to the lens of the eye of 20 mSv per year, averaged over five years, with no single year exceeding 50 mSv, provided that the average equivalent dose of exposure to the lens of the eye for any five consecutive years does not exceed 100 mSv, for occupational exposure in planned exposure situations. The Committee takes note of this information, which addresses its previous request.

Article 8. Dose limits for workers not directly engaged in radiation work. The Committee notes the indication of the Government regarding the effective dose limit of 2 mSv per year set for workers not directly engaged in radiation work but who risk exposure to ionizing radiation or radioactive substances, which is twice higher than the ICRP recommended limit. Referring, once again, to paragraph 14 of its General Observation of 2015, the Committee recalls that the annual effective dose limit for workers not directly engaged in radiation work should be set at 1 mSv and requests the Government to provide information on any measures taken or envisaged to ensure that those workers are not exposed to levels of radiation any higher than the current recommended limit of 1 mSv.

Articles 11 and 15. Appropriate monitoring of workers and places of work. Appropriate inspection services. Application in practice. The Committee notes that sections 43 to 50 of Resolution No. 949 of the Cabinet of Ministers of Ukraine of 1 September 2021 provide for monitoring and keeping records of individual radiation doses of personnel, which are conducted in accordance with the requirements of legislation, norms and rules on nuclear and radiation safety, IAEA Safety Standard, General Safety Guide No. SGSG-7 “Occupational Radiation Protection”, 2018. In this respect, under section 44 of Resolution No. 949, individual dosimetric control of external exposure of personnel is carried out using two methods which include the use of individual dosimeters and/or individual radiation protection equipment, by the method of double dosimetry. The Committee also notes the information published in the State Nuclear Regulatory Inspectorate of Ukraine Report “on Nuclear and Radiation Safety in Ukraine for 2022, including with regard to the results of individual dosimetric control, the number of operational events reported in Nuclear Power Plants, and the number of incidents involving Radiation Sources. The Committee requests the Government to continue to provide information on the application of the Convention in practice, in particular on the activities of the inspection services, including the number of inspections undertaken, the number and nature of violations detected, and the measures taken to address such violations.

Guarding of Machinery Convention, 1963 (No. 119)

Article 15 of the Convention. Application and supervision of the provisions of the Convention. Following its previous comments on this issue, the Committee notes Resolution No. 77, 3 February 2021, “On Approval of the List of High Risk Machines, Mechanisms, Equipment and Amendments to Certain Resolutions of the Cabinet of Ministers of Ukraine” and the reference made by the Government to the Order No. 2072 (2017) on “safety and health protection requirements for the use of production equipment by employees”. The Committee further notes the State Labour Service (SLS) preventive activities for the safe operation of machines and mechanisms to minimize the risks of industrial accidents. The Committee requests the Government to continue to provide information on the application of the Convention and on the impact of preventive measures, including statistical information on the number of accidents and fatalities caused by machinery.

Occupational Cancer Convention, 1974 (No. 139)

Articles 1(1) and 6(a) of the Convention. Periodic determination of carcinogenic substances and agents. Consultations. The Committee notes section 28 of Law No. 2573 of 6 September 2022 – as amended on 6 November 2023, banning the use of asbestos and providing safeguards to protect workers from harmful workplace exposures. It further notes that the Order of the Ministry of Health of Ukraine, No. 1054, approving the Regulation “List of Substances, Products, Production Processes, Domestic and Natural Factors Carcinogenic to Humans” of June 2022 came into force on 20 June 2022 and that the hygienic regulations for the permissible content of chemical and biological substances in the air of the work area were approved by Order No. 1596, on 14 July 2020. The Committee requests the Government to provide information on the consultations undertaken with the most representative organizations of employers and workers concerned on the development of these regulations.

Article 5. Medical examinations for workers during the period of employment and thereafter. The Committee notes that under section 7 of Order No. 1054, every employee who has contact with carcinogenic substances must undergo mandatory medical examinations in accordance with the procedure approved by the Order No. 246 of 21 May 2007, “On approval of the procedure for conducting medical examinations of certain categories of employees”, which defines, among others, the procedure for conducting preliminary and periodic medical examinations. The Committee further notes references made by the Government to requirements for medical examinations of certain categories of employees under section 169 of the Labour Code of Ukraine and section 17 of the Labour Protection Act, No. 2694-12. The Committee requests the Government to provide further information on the measures taken to provide workers with necessary medical examinations, including after the period of employment, to evaluate their exposure and supervise their state of health in relation to occupational hazards.

Article 6(c). Inspections and application in practice.Noting the absence of information in reply to its previous request, the Committee once again requests the Government to provide information on the application of the Convention in practice, including the reported number and causes of cases of occupational cancer.

Prevention of Major Industrial Accidents Convention, 1993 (No. 174)

The Committee notes the information provided by the Government concerning Article 6 on the protection of confidential information, which responds to its previous request.

Article 4 of the Convention. National policy concerning the protection of workers, the public and the environment against the risk of major accidents. Further to its previous comments, the Committee notes the adoption of the “Procedure for Identifying High-Risk Installations and Keeping their Records”, approved by Resolution No. 1030 of 13 September 2022 – as amended by Resolution No. 690 of 7 July 2023 and the Law “on objects (installations) of increased danger”, 2001, No. 2245-III – as amended in 2023, which define, among others, the legal, economic, social and organizational foundations of activities related to objects of increased danger, and are aimed at protecting the life and health of people, including employees of a high-risk facility, and the environment from the harmful effects of accidents (…) by preventing their occurrence, limiting their development and eliminating their consequences. The Committee requests the Government to provide updated information on measures taken to ensure the implementation of the Procedure for Identifying High-Risk Installations and Keeping their Records. The Government is also once again requested to provide information on consultations undertaken with the most representative organizations of employers and workers on the implementation and periodic review of a coherent national policy concerning protection against major industrial accidents.

Article 5. System for the identification of major hazard installations. Consultations. Further to its previous request, the Committee notes that section 1 of Resolution No. 1030, 13 September 2022, provides for the procedure aimed at classifying the facilities with installations, in which one or more hazardous substances are temporarily or permanently used, processed, manufactured, transported, or stored. The Committee once again requests the Government to provide information on consultations held with the most representative organizations of employers and workers and with other interested parties who may be affected, regarding the system for the identification of major hazard installations.

Article 9. Documented system of major hazard control, including technical and organizational preventive measures. Consultation. Further to its previous request for information on technical measures, the Committee notes sections 2 and 18 of Resolution No. 1030, 13 September 2022, as well as the provisions of Resolution No. 6 of 9 January 2014, “On the approval of the list of objects, the project documentation for the construction of which must include a section on engineering and technical measures of civil protection”. As regards technical and organizational measures, the Committee notes however that Resolution No. 1030 does not cover elements listed under Article 9(c) and does not comply with all the requirements of Article 9(b), in particular with regard to the safety system and operation, maintenance and systematic inspection of installations. With respect to consultations (Article 9(f)), the Committee notes that the Government does not provide any information in this regard. The Committee requests the Government to indicate how effect is given to all elements listed under Article 9(b) and (c) of the Convention. The Government is once again requested to provide information on the manner in which the requirement for consultations with workers and their representatives is taken into consideration in the documented system of major hazard control (Article 9(f)).

Article 18(2). Right of representatives of employers and workers to accompany inspectors. The Committee notes that the Government refers to section 42 of the Labour Protection Act, No. 2694-12 on the right of employers’ and employees’ representatives to accompany inspectors and to section 10 of Act No. 877-V of 2007 on Fundamental Principles of State Supervision and Monitoring of Economic Activity which provides for the right of representatives to be involved in state supervision activities. The Committee requests the Government to provide information on any measures taken or envisaged to ensure that business entities comply with the requirements of section 10 of Act No. 877-V.

Article 20(c) and (f). Right of workers and their representatives to be consulted, to discuss any potential hazards with the employer and to notify the competent authority. Following Committee’s previous comments on this issue, the Government refers to the provisions of the Draft Law On Safety and Health at Work, No. 10147, 13 October 2023 (OSH Draft Law No. 10147). In this respect, the Committee notes the requirement for consultation and involvement of workers and their representatives, in particular under sections 5 and 23 of the OSH Draft Law No. 10147, which indicates, among others, that employers must conduct consultations with employees and/or employee representatives, ensure the opportunity for them to submit proposals and participate in discussions of all issues related to the safety and health of employees at work. Noting the ongoing legislative review, the Committee requests the Government to provide further information on: (i) how it is ensured that workers and their representatives have the opportunity to discuss with the employer any potential hazards they consider capable of generating a major accident, in workplaces with no OSH committee; and (ii) the procedures for collecting and submitting information on the safety of major hazard installations.

Article 22. Responsibility of exporting States. The Government indicates that the export of prohibited substance, technology or process is regulated by the Law of Ukraine No. 1644-111, 06 July 2000, “On Transportation of Dangerous Goods”. In this respect, the Committee notes the provisions of sections 7 to 9 on the rights and obligations of the “consignor”, the “carrier” and the “consignee” of dangerous goods, including their rights to receive reliable information about the dangerous product. The Committee further notes the Decree No. 1122-2000 “On the approval of the Regulation on the control of cross-border transportation of hazardous waste and its utilization/removal and the Yellow and Green lists of waste” as well as the establishment of the “One Window for International Trade” which is a digital portal for the collection and exchange of information on transportation of goods under Resolution 971 of 21 October 2020. The Committee notes however that the above-mentioned legislation does not expressly refer to the obligation of exporting States towards importing countries. Recalling that Article 22 of the Convention provides for the responsibility of exporting States to collect and communicate information to importing States, the Committee requests the Government to indicate the manner in which it ensures that information on any prohibitions on the use of hazardous substances, technologies or processes as a potential source of a major accident is made available to importing countries.

• Protection in specific branches of activity

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

The Committee notes the information provided by the Government concerning Article 14 of the Convention on the provision of sufficient and suitable seats, which responds to its previous request.

Articles 12 and 13 of the Convention. Supply of wholesome drinking water to workers and sufficient and suitable washing facilities and sanitary conveniences. Noting the ongoing legislative reform, the Committee requests the Government to take measures to ensure the adoption of provisions to give effect to Articles 12 and 13 of the Convention to ensure that: (i) a sufficient supply of wholesome drinking water is made available to workers in workplaces covered by the Convention (commerce and offices); and (ii) sufficient and suitable washing facilities and sanitary conveniences are provided, made available for use and properly maintained in workplaces covered by the Convention.

Article 16. Underground or windowless premises. In the absence of information, the Committee requests the Government to provide information on measures taken or envisaged to give effect to Article 16 of the Convention.

Safety and Health in Mines Convention, 1995 (No. 176)

Article 3 of the Convention. Policy on safety and health in mines. Following its previous comments, the Committee notes that in the framework of the current legislative reforms, the Draft Law on Safety and Health at Work, No. 10147, 13 October 2023 (OSH Draft Law No. 10147) propose amendments to the Mining Law of Ukraine and provides for the safety of mining operations and the safety and health of mine workers (section 32). The Committee requests the Government to provide information on the impact of the current legislative review on the development and implementation of a coherent policy on safety and health in mines. The Government is once again requested to provide information on consultations with the most representative organizations of employers and workers concerned.

Article 9(c). Provision and maintenance at no cost to the worker of suitable protective equipment, clothing and other facilities. The Committee notes that the Government does not respond to the previous observations of the KVPU, alleging deficiencies in the amount and types of personal protective equipment (PPE) provided by employers to workers in mines. In this respect, the Committee notes the indication in the ILO report on Occupational safety and health in the mining industry in Ukraine, 2018, which underlines that the insufficient supply of the necessary personal protective equipment to workers is an extremely serious problem in all state-owned coal-producing enterprises. The Committee requests the Government to provide information on the measures it is taking to ensure the provision and maintenance of suitable protective equipment in mining at no cost to the worker.

Article 11. Regular health surveillance of workers. The Committee notes that the Government does not reply to the previous observations of the KVPU alleging that, medical examinations in 2017–18 were not funded at a number of state-owned coal-mining enterprises, thus leading to the official results of medical examinations not being provided to those enterprises. The Committee requests the Government to provide information on measures taken or envisaged to ensure the provision of regular health surveillance to workers exposed to occupational health hazards specific to mining.

Article 12. Responsibilities of the employer in charge of the mine when two or more employers undertake activities at the same mine. Following its previous comments, the Committee notes that the Government does not provide any information on measures taken to give effect to Article 12 of the Convention. It notes however that section 25(9) of the OSH Draft Law No. 10147 provides for collaboration between two or more employers engaged in activities simultaneously in one workplace, but does not attribute primary responsibility to one employer. Recalling that Article 12 provides for an obligation that is specific to mines and OSH, the Committee requests the Government to take measures, in the context of the ongoing legislative review, to ensure that where two or more employers undertake activities at the same mine, the employer in charge of the mine shall coordinate the implementation of all measures concerning the safety and health of workers and shall be held primarily responsible for the safety of the operations.

Article 13(1)(b), (2)(a) and (2)(b)(i). Workers and safety and health representatives’ rights. Requesting, obtaining and participating in inspections and investigations. The Committee notes references made by the Government to section 10 of the Mining Law of Ukraine on state supervision and section 39 of the Labour Protection Act, No. 2694-12, 1992 which provides for the rights and responsibilities of officials, but not workers and safety and health representatives, to request, obtain and participate in inspections and investigations. The Committee requests the Government to provide detailed information on measures taken to ensure the participation of workers and their representativesin inspections and investigations conducted by the employer and by the competent authority in mines.

Safety and Health in Agriculture Convention, 2001 (No. 184)

Article 4(1) of the Convention. Coherent national policy on safety and health in agriculture. The Committee notes the Government’s indication in response to its previous request that during the development and elaboration of the Rules on Occupational Safety and Health in Agricultural Production, Order No. 1240, of 29 August 2018, the draft Rules were agreed upon with all interested stakeholders, including the Joint Representative Body of the Employers' Side at the national level and the Joint Representative Body of Representative All-Ukrainian Trade Unions. The Committee requests the Government to provide information on the implementation of the Rules on Occupational Safety and Health in Agricultural Production and any measures taken for its periodic review in consultation with the social partners.

Article 6(2). Cooperation between two or more employers in an agricultural workplace. The Committee notes that section 25(9) of the Draft Law on Safety and Health at Work, No. 10147, 13 October 2023 (OSH Draft Law No. 10147) provides for collaboration between two or more employers engaged in activities simultaneously in one workplace. The Government also indicates that requirements for cooperation between two or more employers in agricultural production are included in the draft order of the Ministry of Economy of Ukraine “On Approval of Minimum Safety and Health Requirements for Forestry Workers and Work with Greenery”, which is being developed in accordance with the Action Plan for the Preparation of Draft Regulatory Acts of the State Labour Service in 2022. The Committee requests the Government to provide updated information regarding any progress made in the development of the draft order on Minimum Safety and Health Requirements for Forestry Workers and Work with Greenery.

Article 7(c). Immediate steps to stop any operation where there is imminent and serious danger. The Committee notes that in response to its previous request, the Government refers to the authority of SLS officials, under the OSH legislation, to prohibit, suspend, terminate and restrict the operation or production, but does not provide any information on the obligation of employers under the present Article to take immediate steps to stop any operation where there is an imminent and serious danger to safety and health and to evacuate workers as appropriate. The Committee notes however that section 22(4)(2) and (4) of the OSH Draft Law No. 10147, stipulates that in emergency situations threatening the life and health of employees, employers are required to ensure the evacuation of workers and provide employees with the opportunity to stop work, leave the workplace/zone and go to a safe place. Recalling that Article 7(c) provides for the obligation of employers to take immediate steps to stop any operation where there is an imminent and serious danger to safety and health and to evacuate workers as appropriate, the Committee requests the Government to ensure that full effect is given to this Article in the context of the current legislative review.

Article 11. Evaluation of risks, consultation and establishment of health and safety requirements for handling and transport of materials.In the absence of information, the Committee once again requests the Government to provide information on the consultations undertaken with the representative organizations of employers and workers concerned in this regard, and to provide information on any additional measures taken to give effect to this Article.

Article 12(b). Sound management of chemicals. Adequate information. Regarding the requirement for providing adequate information on chemicals used in agriculture, the Committee notes the adoption of Law No. 2775-IX, 16 November 2022, “on the introduction of amendments to some laws of Ukraine regarding the improvement of state regulation in the field of handling pesticides and agrochemicals” which provides for the State Register of Pesticides and Agrochemicals Permitted for Use in Ukraine. The Committee notes however that the legislation provides for the duty of the central executive authority, but does not refer to the obligation of those who produce, import, provide, sell, transfer, store or dispose of chemicals used in agriculture to provide adequate information to users. The Committee urges the Government to take all the necessary measures to ensure, in the context of the current legislative reforms, that those who produce, import, provide, sell, transfer, store or dispose of chemicals used in agriculture have the duty to communicate the adequate information to users concerning compliance with safety and health standards in the official language of Ukraine.

Article 14. Protection against biological hazards. Application in practice.The Committee requests the Government to provide information on the implementation of Order No. 1240 on approving “Labour Protection Rules for the Agricultural Industry” with regard to protection against biological hazards.

Article 19(a). Welfare facilities.In the absence of information, the Committee requests once again the Government to indicate the specific provisions which ensure that adequate welfare facilities are provided, at no cost to the workers, in agricultural workplaces not covered by the rules for the maintenance and repair of agricultural production machines and equipment, approved by Order No. 152 of the State Committee of Ukraine on Labour Protection Monitoring of 30 November 2001.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment on Conventions Nos 115, 139, 155 and 176

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 139 (occupational cancer), 155 (OSH) and 176 (safety and health in mines) together.

The Committee notes the observations of the Confederation of Free Trade Unions of Ukraine (KVPU), received on 31 August 2023, concerning the application of Convention No. 155.

Application of Conventions Nos 115 and 155 in practice. Nuclear power plant workers. The Committee notes that the report presented to the Governing Body at its 349th Session, October–November 2023 (GB.349/INS/15) titled “Report on developments in the application of the resolution concerning the Russian Federation’s aggression against Ukraine from the perspective of the mandate of the International Labour Organization” noted persisting concerns about the safety of workers in the occupied Zaporizhzhya Nuclear Power Plant (ZNPP). The Report noted concerns with respect to the deteriorating working conditions and the safety of workers, which is mainly due to potential increased exposure to radiation and the potential risk of a nuclear accident, related to an unstable supply of electricity. The Committee further notes with concern the indications of the Director General of the International Atomic Energy Agency (IAEA), in the “Statement on Situation in Ukraine” (update 191), released on 27 October 2023, that nuclear safety and security remain potentially precarious in Ukraine at the ZNPP and certain other nuclear power plants. Concerning the conditions of the operating staff at the Chornobyl site, the IAEA Director-General further indicated, in update 193 of 13 November 2023, that the site’s conditions were taking a toll on the physical and mental health of the operating staff, and that the situation was not sustainable in the longer term. The Committee also notes the measures aimed at the safe and secure operation of nuclear facilities and activities involving radioactive sources outlined in the IAEA’s report “Nuclear Safety, Security and Safeguards in Ukraine“ of 14 September 2023. The Committee reiterates its concern and once again urges that all necessary measures be taken to protect the safety and health of nuclear power plant workers. In particular, it urges the strengthening of the implementation of Convention No. 115 to ensure the effective protection of workers against ionizing radiations in the course of their work.

A. General provisions

Occupational Safety and Health Convention, 1981 (No. 155)

Application of the Convention in practice and impact of the conflict on the safety and health of workers. The Committee notes with concern the statement of the KVPU that, since the beginning of the armed aggression of the Russian Federation until 26 January 2023, the State Labour Service (SLS) recorded 571 workers that were injured, of which 221 died, from injuries incurred during the performance of work duties that were the result of bombings, missile and artillery attacks, the mining of territories and premises, capture, and other illegal actions. In this respect, the Committee notes the Government’s indication that the cause of death in 46 per cent of the fatal work-related accidents in 2022 was determined to be related to the conflict and illegal actions by third parties. Noting the difficult situation in the country since 24 February 2022, the Committee requests the Government to continue to provide available information on the impact of the conflict on the safety and health of workers in the country.

Articles 4, 7 and 8. National OSH policy and legislative reforms. In response to its previous comments on the implementation of the Framework for the reform of the labour protection management system and Plan of Action approved by Decree No. 989, the Government refers to the development and review of various OSH regulations and indicates that it will be possible to develop drafts of relevant bylaws once the new OSH Draft Law is adopted. In this respect, the Committee notes that the new OSH Draft Law No. 10147 was presented to Parliament on 13 October 2023 and is currently under consideration. The Committee further notes that a new ILO project for the adoption of a new labour code to promote compliance with International Labour Standards (ILS) and other pending pieces of labour legislation on OSH has been undertaken.

The Committee takes note of the observations of KVPU that the OSH Draft Law, No. 10147 is not in conformity with Convention No. 155, and in particular, Articles 4, 5(e), 8, 10, 13 (protection for a worker that has removed themself from a dangerous work situation) and Article 19 (arrangements at the level of the undertaking relating to rights and duties of workers and their representatives, and cooperation). The KVPU indicates that the OSH Draft Law, No. 10147 will significantly narrow the content and scope of existing guarantees and rights of employees related to safe and healthy working conditions. The KVPU also states that trade unions did not approve the OSH Draft Law, No. 10147 which will remove the right to benefits and compensation for work in difficult and harmful working conditions, established under the current legislation, and that the Draft does not stipulate minimum funding for preventive measures. In addition, KVPU reiterates that the Draft Law on Labour is not in conformity with Convention No. 155, with respect to Articles 4 (consultation with the most representative organizations of employers and workers in the development, implementation and review of the national OSH policy), 5(e) (the protection of workers and their representatives from disciplinary measures), 8 (implementation of the national policy in consultation with the representative organizations of employers and workers concerned) and 10 (measures to provide guidance to employers and workers). The Committee, once again, requests the Government to provide its comments with respect to the observations of the KVPU. It also requests the Government to take all necessary measures to ensure that the new legislation on safety and health complies with the requirements of OSH Conventions. Recalling, once more, the importance of consultations with the representative organizations of employers and workers in the implementation of Convention No. 155, the Government is requested to provide information on the manner in which the views of organizations of employers and workers have been taken into consideration in the development of the Draft Law on Labour and the OSH Draft Law, No. 10147.

Article 5(e). Protection of workers and their representatives from disciplinary measures. Following the Committee’s previous comments on protection against disciplinary measures, the KVPU indicates that OSH Draft Law No. 10147 does not include the requirement of Article 5(e) on the protection of workers and their representatives from disciplinary measures as a result of actions properly taken by them. In this respect, the Committee notes that section 26(11) of the OSH Draft Law No. 10147 provides for protection from harassment or disciplinary measures, but only to employees and solely for reporting an accident, occupational disease or dangerous event. Noting the ongoing review of OSH Draft Law No. 10147, the Committee requests the Government to take the necessary measures to ensure that the new OSH legislation protects both workers and their representatives against disciplinary measures as a result of actions properly taken by them to secure their safety in conformity with the national OSH policy and in compliance with Article 5(e).

Article 11(c) of the Convention. Notification of occupational accidents and diseases. Following its previous comments with respect to the application of Decision No. 337 of the Cabinet of Ministers of Ukraine of 17 April 2019, the Committee notes changes introduced through several amendments, including, Resolution No. 1 of 5 January 2021, which provides for notification and investigation of occupational accidents and death of medical workers related to COVID-19 infection (section 141). Regarding the obligation of employers on recording and notification of accidents and occupational diseases, the Committee notes section 141(18) and (19) of the Resolution on Amendments to the Procedure for Investigation and Registration of Accidents, Occupational Diseases and Accidents at Work, dated 20 January 2023, No. 59, and measures envisaged under sections 6(2), (8) and 25(22) of the OSH Draft Law, No. 10147. The Committee requests the Government to take all necessary measures to ensure that full effect is given to the requirements of Article 11 (c) and to provide updated information on the progress made with respect to the review of the OSH Draft Law No. 10147 and on any other measures taken to ensure the notification of occupational accidents and diseases by employers.

B. Specific risks

Occupational Cancer Convention, 1974 (No. 139)

Articles 2, 3 and 4 of the Convention. Replacement of carcinogenic substances and agents, measures to be taken to protect workers, record keeping, and provision of information. The Committee welcomes the information provided by the Government in response to its previous request, including the adoption of regulations for the permissible content of chemical and biological substances in the air of the working environment approved by the Order of the Ministry of Health of Ukraine No. 1596, of 14 July 2020 and to the Order of the Ministry of Health of Ukraine, No. 1054, approving the Regulation “List of Substances, Products, Production Processes, Domestic and Natural Factors Carcinogenic to Humans” of June 2022. In this respect, the Committee notes that Order No. 1054 provides for the replacement and/or elimination of carcinogenic substances and agents (Part II, sections 1 and 2), measures to protect workers and monitoring (Part II, sections 3 to 5) and the right of workers to receive information on the dangers involved and the measures to be taken (Part II, sections 6 and 7). The Committee requests the Government to take all the necessary measures to ensure the application in practice of Order No. 1054 and to provide information on any progress made in this regard.

C. Specific branches of activity

Safety and Health in Mines Convention, 1995 (No. 176)

Articles 5(1), (2)(e) and 16 of the Convention. Supervision of safety and health in mines, suspension of mining activities, corrective measures and enforcement. In response to Committee’s previous comments on the power of the competent authorities, the Government indicates that under section 39 of the Labour Protection Law No. 2694-12, 1992 (OSH Law), officials of the SLS are invested with the power to, among others, prohibit, suspend, terminate, restrict the operation of enterprises. However, the Committee notes with concern the Government’s indication that pursuant to section 5 of the Act No. 877-V of 2007 on Fundamental Principles of State Supervision and Monitoring of Economic Activity, scheduled state inspection is carried out, including in coal enterprises that are classified as high risk, only once every two years. In this respect, the Committee notes that pursuant to paragraph 1 of Resolution of the Cabinet of Ministers of Ukraine of 13 March 2022 No. 303 “On Termination of Measures of State Supervision (Control) and State Market Supervision in the Conditions of Martial Law”, scheduled and unscheduled state supervision (control) and state market supervision have been suspended for the period of martial law imposed by Decree of the President of Ukraine No. 64 dated 24.02.2022 “On the Introduction of Martial Law in Ukraine”, which has been extended until February 2024. The Committee further notes the statistics provided in the Government’s report regarding inspections conducted in two coal mining companies in October 2021, during which 1370 violations of regulations were identified, 56 officials were found administratively liable for fines, and a petition was filed with the administrative court to stop work due to violations. Referring to its comments adopted in 2023 under the Labour Inspection Convention, 1947 (No. 81), and the Inspection (Agriculture) Convention, 1969 (No. 129), the Committee requests the Government to take all the necessary measures to ensure the effective implementation of these provisions of the Convention and the provision of appropriate inspection services to supervise safety and health in mines. The Committee requests the Government to continue to provide updated statistics on violations detected during inspections, and the measures taken by inspectors in such cases, including the penalties imposed, the petitions filed for the suspension of work and the outcome of these petitions.

Articles 5(2)(c) and (d), 7 and 10(d). Measures to eliminate or minimize the risks to safety and health in mines. Procedures for investigating fatal and serious accidents and the compilation and publication of statistics. Appropriate remedial measures and measures taken to prevent future accidents by employers as a result of investigations. Further to its previous comments on the high rate of occupational accidents and diseases in the mining sector, as well as their underestimation, the Committee notes an absence of updated statistical information on the mining sector. The Committee once again requests the Government to provide information on measures taken or envisaged to ensure that full effect is given to Article 5(2)(c) on reporting and investigating fatal and serious accidents, dangerous occurrences and mine disasters, Article 5(2)(d) on the compilation and publication of statistics on accidents, occupational diseases and dangerous occurrences, Article 7 on measures taken to eliminate or minimize the risks to safety and health in mines and Article 10 on obligation of employers, in particular as regards investigation of accidents and remedial actions (Article 10(d)).

Article 5(2)(f). Rights of workers and their representatives to be consulted on and participate in OSH measures. Further to its previous comments on procedures to implement the rights of workers and their representatives to be consulted on and participate in OSH measures (Article 5(2)(f)), the Committee notes that section 25 (11 and 12) of the OSH Draft Law No. 10147 provides for consultation and involvement of employees and/or their representatives at the level of the undertaking, in particular with regard to decision-making related to safety and health at work. The Committee urges the Government to take the necessary measures to ensure the implementation of the rights of mine workers and their representatives to be consulted on OSH matters, and to participate in measures, relating to their safety and health at the workplace in accordance with the provisions of the Article 5(2)(f).

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Previous comment on Conventions Nos 119, 120, 139, 155, 161, 174, 176 and 184 Previous comment on Convention No. 115

The Committee notes the extremely difficult situation in the country since 24 February 2022. In the absence of reports from the Government on the application of ratified occupational safety and health (OSH) Conventions, the Committee repeats its previous comments:

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on OSH, the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection) , 119 (guarding of machinery), 120 (hygiene (commerce and offices)), 139 (occupational cancer), 155 (OSH), 161 (occupational health services), 174 (prevention of major industrial accidents), 176 (safety and health in mines), and 184 (safety and health in agriculture) together.

The Committee notes the observations of the Confederation of Free Trade Unions of Ukraine (KVPU) on the application of Conventions Nos 155, 174, 176 and 184, received in 2019.

Application in practice of Conventions Nos 119, 120, 139, 155, 161, 174, 176 and 184. The Committee notes the information provided in the Government’s report on Convention No. 155 and in the report of the SLS on the State of Labour Protection, published in March 2020, on the number of occupational accidents and cases of occupational diseases, including the slight decrease in the number of occupational accidents, from 4,126 in 2018 to 3,876 in 2019. The Committee also notes the measures identified in the report of the SLS to improve the situation on OSH, including inspection activities and other methods to provide guidance on OSH, such as consultations and seminars. The Committee requests the Government to indicate the impact of measures taken to reduce the number of occupational accidents and diseases in the country, in particular in sectors recording a higher incidence of occupational injuries. The Committee also requests the Government to continue to provide available information on the application in practice of ratified OSH Conventions, including the nature and cause of reported occupational accidents and information/data on reported cases of occupational disease , occupational accidents and cases of occupational disease disaggregated by age, gender and sector.

A.General Provisions

Occupational Safety and Health Convention, 1981 (No. 155)

Articles 4, 7 and 8 of the Convention. National OSH policy. Legislative reforms. The Committee notes that, in response to its previous comments on the implementation and periodic review of the national policy, the Government’s report refers to various measures, including the adoption of Decree No. 989 of the Cabinet of Ministers of Ukraine of 12 December 2018 (Decree No. 989). According to the Government, this Decree approves: (i) the Framework for the reform of the labour protection management system in Ukraine (the Framework); and (ii) a plan of action for its implementation (the Plan of Action), which provides for legislative amendments, including a draft act on amendments to several legislative acts to introduce a risk-based approach to OSH. The Committee notes in this regard that the country is collaborating with the ILO on OSH, with one of the outcomes of the EU–ILO Project “Towards safe, healthy and declared work in Ukraine”, being to bring the legal framework on OSH closer to international labour standards. The Committee requests the Government to provide information on the progress made in the implementation of the reforms envisaged by the Framework and Plan of Action approved by Decree No. 989 and to indicate how the most representative organisations of employers and workers have been consulted in the context of these reforms, including the results of such consultations. In this respect, the Committee requests the Government to include information on the adoption of the draft act on amendments to several legislative acts to introduce a risk-based approach to OSH.

Articles 5(d), 19(b), (c) and (e), and 20. Communication and cooperation at the level of the undertaking and at all other appropriate levels. Following its previous comments, the Committee notes the Government’s reference to measures taken to ensure communication and co-operation at all appropriate levels, including the tripartite General Agreement on the regulation of basic principles and standards for implementing social and economic policies and employment relationships in Ukraine 2019–21 (Tripartite General Agreement 2019–21), which contains provisions on OSH. The Committee notes, however, that according to the observations of the KVPU, real mechanisms of cooperation are not reflected in regulatory acts on OSH and are not included in the OSH management systems in enterprises. The KVPU indicates that representatives of trade union organizations are sometimes not allowed into the enterprises where their members work. Under Convention No. 174, the KVPU also alleges that consultations at the enterprise level are not implemented in practice. The Committee requests the Government to indicate the measures taken to improve the communication and cooperation at all appropriate level of the undertaking, and to ensure the effective application of Articles 5(d), 19(b), (c) and (e) and 20, in law and in practice.

Article 5(e). Protection of workers and their representatives from disciplinary measures. Following its previous comments concerning measures to apply this Article, the Committee notes the Government’s reference to the Tripartite General Agreement 2019–21, which recommends that sectoral, regional and collective agreements have mechanisms related to the implementation of workers’ right to refuse to perform assigned work in unsafe conditions. In the absence of further information and indicators specifying whether workers would be protected against disciplinary measures as a result of actions properly taken by them to secure their safety in conformity with the national OSH policy, the Committee requests the Government to provide further information on the measures taken to give effect to Article 5(e).

Article 9. Enforcement. The Committee previously requested the Government to provide information on measures taken to strengthen its labour inspection system and to enforce the laws and regulations concerning OSH. In the absence of information in this regard, and noting the observations of the KVPU relating to various difficulties in the application in practice of the ratified OSH Conventions, the Committee refers the Government to its comments adopted in 2020 concerning the Labour Inspection Convention, 1947 (No. 81) and the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

Article 12. Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. Further to its previous comments, the Committee notes that Act No. 124-VIII of 15 January 2015 on Technical Regulations and Conformity Assessments provides for the application by manufacturers and, in prescribed cases, by importers, distributors or other persons, of procedures to assess the conformity of products placed on the market with technical regulations (section 25(2)). The Committee notes that manufacturers of machines also have a duty to ensure compliance with safety and health requirements and to provide information under section 8 and the Annexes of the Technical Regulations on the Safety of Machines, approved by Decree No. 62 of 30 January 2013. In addition, section 9 of Act No. 2736-VI on the General Safety of Non-food Products provides for the duties of manufacturers and distributors to provide information on the risks posed by those products.

Articles 13 and 19(f). Protection of workers who remove themselves from work situations presenting an imminent and serious danger. Further to its previous comments, the Committee notes the Government’s indication that a draft act prepared in the context of the abovementioned OSH reforms provides that, when a worker who is faced with serious, immediate and unavoidable danger, leaves their workplace and/or the dangerous area, they shall not be liable for those actions. The Committee recalls that Article 13 provides protection to a worker that has removed themselves in any situation in which the worker has reasonable justification to believe presents an “imminent and serious danger” to their life or health, and does not require that such danger be “unavoidable”. In addition, under Article 19(f), until the employer has taken remedial action, if necessary, the employer cannot require workers to return to a work situation where there is continuing imminent and serious danger to life or health. The Committee requests the Government to take into account Articles 13 and 19(f) of the Convention in its ongoing legislative revisions on OSH, and to continue to provide information on the measures taken to give full effect to these Articles.

Article 15. Arrangements, made after consultations with social partners, to ensure the necessary coordination between various authorities and bodies. Further to its previous comments on coordination between bodies and authorities working on OSH, the Committee notes the Government’s reference to meetings of the boards of the central authority and responsible regional bodies; consultations on draft laws and regulations on OSH; and meetings, seminars and events to discuss and make decisions on OSH. The Committee requests the Government to continue to provide information on the application in practice of this Article to ensure that the necessary coordination between various authorities and bodies is affected.

Article 18. Measures to deal with emergencies and accidents, including adequate first-aid arrangements. The Committee previously noted section 18 of the Labour Protection Act, providing that employees should receive training on the provision of first aid to victims of accidents and rules in the event of an accident, and section 13 of the same Act providing for the obligation of employers to take the necessary measures in emergency situations or in the event of an accident. In the absence of additional information on this issue, the Committee once again requests the Government to provide information on the measures taken or envisaged, other than sections 13 and 18 of the Labour Protection Act, to require employers, where necessary, to deal with emergencies and accidents, including measures to provide for adequate first-aid arrangements.

Occupational Health Services Convention, 1985 (No. 161)

Articles 2 and 4 of the Convention. Formulation, implementation and periodic review of a national policy on occupational health services. Further to its request for information regarding a national policy on occupational health services, the Committee notes that the Government’s report refers to the preparation of a draft order of the Minister of Social Policy on the approval of draft Model Regulations on Labour Protection Services. The Government also indicates that the amendments to OSH legislation that are envisaged in the OSH reforms set out in Decree No. 989, mentioned under Convention No. 155 above, will facilitate the expansion of the functions of occupational health services. The Committee also notes that Presidential Decree No. 400/2011 of 6 April 2011 in relation to the Regulation of the State health and Epidemiological Services is no longer in force, following the adoption of Presidential Decree No. 419/2019. The Committee requests the Government to indicate how the legislative reforms envisaged by Decree No. 989 will cover the subject of occupational health services. In addition, the Committee requests the Government to indicate the current legislation governing state health and epidemiological services and to provide a copy of the order approving the new Model Regulations on Labour Protection Services, once adopted. Additionally, the Committee once again requests the Government to provide information on consultations undertaken with the most representative organizations of employers and workers on measures taken to give effect to the Convention, including in the context of the reforms.

Articles 3(1), 5 and 7(1). Organization and functions of the occupational health service. Application in practice. The Committee previously noted section 15 of the Labour Protection Act, providing for occupational health services in the form of labour protection services established by the employer. The Committee notes that the existing Model regulations on Labour Protection Services (NPAOP 0.00-4.35-04) provide for functions of labour protection services, giving effect to Article 5(a)–(e), (i) and (k) of the Convention. The Committee notes that those functions also give effect to Article 5(f) for certain workers, such as those engaged in some types of hazardous work, or work needing annual mandatory medical examinations of persons up to 21 years. The Committee requests the Government to provide further information on the application in practice of section 15 of the Labour Protection Act, such as the proportion of undertakings in the country organizing labour protection services in accordance with section 15. The Committee also requests the Government to indicate the measures taken to ensure that, as appropriate to the occupational risks of the undertaking, occupational health services have the functions in Article 5(g) (promoting the adaptation of work to the worker), (h) (contributing to measures of vocational rehabilitation), and (j) (organization of first aid). As regards Article 5(f), the Committee requests the Government to indicate any provisions prescribing that occupational health services undertake medical surveillance of workers’ health in relation to work in non-high-risk enterprises.

Article 8. Cooperation between the employers, the workers and their representatives. In the absence of additional information on this matter, the Committee once again requests the Government to indicate how cooperation is ensured between employers and workers and their representatives in the implementation of measures relating to occupational health services.

Article 9(1). Composition of personnel within labour protection services. In response to its previous request on the composition of personnel within labour protection services, the Committee notes the Government’s indication that the employer, taking into account the industry, the number of workers, working conditions and other factors, determines the structure of labour protection services, including the number of personnel and their main functions. The Committee requests the Government to provide further information on how it ensures that occupational health services are of a multidisciplinary nature, in accordance with Article 9(1).

Article 10. Full professional independence of health services personnel. In response to its previous request on ensuring the full professional independence of the personnel providing occupational health services, the Committee notes the Government’s statement that such professional independence may only be achieved following the completion of legislative reforms, including those mentioned under Convention No. 155 above, and the adoption of new draft Model Regulations on Labour Protection Services. The Committee requests the Government to take the necessary measures to ensure that, in the context of the legislative reforms envisaged, the personnel providing occupational health services shall enjoy full professional independence from employers, workers, and their representatives, where they exist. The Committee further requests the Government to indicate the legislation adopted in this regard.

Article 12. No loss of earnings for workers in the process of the surveillance of their health. The Committee previously noted section 17 of the Labour Protection Act, requiring employers to fund the preliminary and periodic medical examinations for workers engaged in heavy, hazardous or dangerous work and requiring that workers undergoing medical examinations be paid their standard wage. Regarding medical surveillance of workers not engaged in heavy, hazardous or dangerous work, the Committee notes the Government’s reference to Decree No. 559 of 23 May 2001 of the Cabinet of Ministers of Ukraine, establishing the list of professions, industries and organizations for which mandatory preventive medical examinations of workers are required, and the procedure for conducting these examinations, which specify that mandatory medical examinations are conducted at the expense of employers. The Committee once again requests the Government to provide information on measures taken to ensure that, as far as possible, medical surveillance takes place during working hours.

Article 14. Information provided to the occupational health services on any factors which may affect workers’ health. The Committee once again requests the Government to indicate the measures taken or envisaged to ensure that occupational health services are informed of any factors in the working environment which may affect workers’ health.

Article 15. Informing occupational health services of ill health among workers and absence from work for health reasons. The Committee once again requests the Government to provide information on the measures taken to ensure that occupational health services are informed of occurrences of ill health among workers, and absence from work for health reasons.

B.Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

The Committee notes the observations of the Federation of Trade Unions of Ukraine (FPU), received on 2 September 2021.

The Committee notes the information provided by the Government, in reply to its previous request concerning Article 10 (notification of work) of the Convention.

Articles 3(1) and 6(2) of the Convention. All appropriate steps to ensure the effective protection of workers, in the light of available knowledge and maximum permissible doses of ionizing radiation. 1. Protection for pregnant and breastfeeding workers. The Committee previously referred to paragraph 33 of its 2015 general observation, indicating that methods of protection at work for pregnant women should provide a level of protection for the embryo/foetus broadly similar to that provided for members of the public (an annual effective dose limit of 1 millisievert (mSv)) and requested information on national legislative amendments. In this regard, the Committee welcomes that, under section 6 of the Act on Protection of People from Ionizing Radiation, as last amended in 2019, the effective dose limit for pregnant women working with sources of ionizing radiation is 1 mSv per year. However, the Committee observes that, according to the report of the Government, section 5.6 of the Standards of Radiological Safety of Ukraine of 1997, providing for a dose limit of 2 mSv for the whole period of pregnancy, is still in force. The Committee once again recalls that, under Article 6(2) of the Convention, maximum permissible doses shall be kept under constant review in the light of current knowledge. The Committee requests the Government to indicate the measures taken to revise the maximum permissible dose established for pregnant workers under the Standards of Radiological Safety of Ukraine of 1997, in light of current knowledge.

2. Lens of the eye. The Committee notes the Government’s indication that section 5.1 of the Standards of Radiological Safety of Ukraine of 1997 sets the equivalent dose limit for the lens of the eye at 150 mSv per year for workers who permanently or temporarily work directly with sources of ionizing radiation. The Committee refers to paragraph 11 of its 2015 general observation drawing attention to the latest recommendation of the International Commission of Radiological Protection (ICRP) of an equivalent dose to the lens of the eye of 20 mSv per year, averaged over five years, with no single year exceeding 50 mSv, for occupational exposure in planned exposure situations. The Committee requests the Government to indicate the measures taken to review the maximum permissible doses established, in light of current knowledge, with respect to the lens of the eye.

Article 8. Dose limits for workers not directly engaged in radiation work. With reference to paragraph 14 of its 2015 general observation, the Committee previously observed that the national legislation was not in line with the ICRP’s recommendation of an annual effective dose limit of 1 mSv for workers not directly engaged in radiation work. In this regard, the Committee notes the Government’s reiteration that the effective dose limits for persons who do not work directly with sources of ionizing radiation, but may be subject to additional exposure due to the location of their workplace in premises or on industrial sites with facilities using radiation or nuclear technology, must not exceed 2 mSv per year. The Committee recalls once again that, under Article 8 of the Convention, appropriate levels shall be fixed in accordance with Article 6 for workers who are not directly engaged in radiation work, but who remain or pass where they may be exposed to ionizing radiation or radioactive substances. With reference to paragraph 14 of its 2015 general observation, which indicates that the annual effective dose limit for this category of workers should be 1mSv, the Committee once again requests the Government to indicate the measures taken to review the maximum permissible dose established for workers not directly engaged in radiation work, in light of current knowledge.

Articles 11 and 15. Appropriate monitoring of workers and places of work. Appropriate inspection services. Application in practice. The Committee notes the observations of the FPU indicating that the existing practice of monitoring radiation dose limits, including using individual dosimeters, does not always ensure data reliability and that there are cases where workers have been forced, through pressure from management, to shield individual dosimeters in order to conceal the real figures. In this respect, the FPU takes the view that special procedures are necessary to prevent the application of pressure on workers to exceed prescribed limits, and to ensure compliance with sanitary control regulations and standards. The Committee requests the Government to provide its comments in this respect. In addition, the Committee once again requests the Government to provide information on the application of the Convention in practice, including on the number and nature of contraventions reported, of any accidents recorded and on the measures taken to remedy them.

Guarding of Machinery Convention, 1963 (No. 119)

Article 15 of the Convention. Application and supervision of the provisions of the Convention. The Committee notes that, according to the Government’s report, there has been a 4 per cent decrease in the number of production-related accidents and a 12 per cent increase in the number of fatal accidents between 2017 and 2018, with organizational reasons being the most recurrent cause of accidents recorded. The Committee also notes that, as regards measures to reduce the number of workplace accidents and fatalities caused by machinery, the Government refers to a list of legislation adopted since 2015, including Order No. 2072 of the Ministry of Social Policy of 28 December 2017 on Health and Safety Requirements for Workers Using Industrial Equipment. The Committee requests the Government to continue to provide information on measures taken to reduce the number of accidents and fatalities caused by machinery, as well as statistics on occupational accidents caused by machinery (disaggregated by age, gender and sector), and on any detected violations on the application of this Convention.

Occupational Cancer Convention, 1974 (No. 139)

Articles 1(1) and 6(a) of the Convention. Periodic determination of carcinogenic substances and agents. Consultations. Following its previous comments on this issue, the Committee notes the Government’s reiteration, in its report, that the review of the list of carcinogenic substances, products, production processes and environmental factors, adopted pursuant to Order No. 7 of 2006 of the Ministry of Health, was initiated in 2012. Noting the absence of information on any progress made in this regard, the Committee requests the Government to take the necessary measures to ensure the periodic determination of carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorisation or control, by completing the review of the abovementioned list. The Committee requests the Government to provide information on the progress achieved in this regard, including on consultations undertaken with the most representative organizations of employers and workers concerned.

Article 5. Medical examinations for workers during the period of employment and thereafter. The Committee previously noted that the Ministry of Health Order No. 246 of 2007 establishes the procedure for the medical examination of workers of specific categories but noted the Government’s statement that cancer hazards in the workplace are not fully covered by this Order, as it does not require early-stage diagnosis of precancerous or cancerous diseases of target organs. Noting an absence of information in reply to its previous request, the Committee once again requests the Government to indicate the measures taken to provide workers with such medical examinations, during the period of employment and thereafter, as are necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards.

Article 6(c). Inspections and application in practice. The Committee notes the statistics provided by the Government on the 585 cases of occupational cancer registered between 1992 and 2018. The Government indicates that the sectors which register the most cases of occupational cancer are the mining industry (74.2 per cent of all cases); and the processing industry (18.4 per cent of all cases), with the most frequent causes being exposure to carcinogenic agents such as mineral dust, asbestos, and aerosols. With reference to its comments on Convention No. 176 below, the Committee requests the Government to continue to provide information on the application of the Convention in practice, including information on inspections carried out, and the reported number and causes of cases of occupational cancer.

Prevention of Major Industrial Accidents Convention, 1993 (No. 174)

The Committee notes the information provided in the Government’s report, in reply to its previous request concerning Articles 10, 11 and 12 (safety reports) of the Convention.

Article 4 of the Convention. National policy concerning the protection of workers, the public and the environment against the risk of major accidents. Following its previous comments on the national programme to protect the population from man-made and natural emergency situations for 2013–17, the Committee notes the Government’s indication regarding the key activities undertaken to implement that programme, including waste disposal, refurbishment of premises and installation of systems in facilities. The Committee notes that the KVPU nevertheless alleges that the nature and direction of the measures undertaken in the implementation of the state policy do not directly affect OSH. The Committee also notes the Government’s statement that, due to limited funding, the majority of the programme’s activities was not fully carried out, and that a Bill (No. 7221) proposed to extend the duration of the national programme to 2018–22. According to the website of the Ukrainian Parliament, this Bill appears to have been withdrawn. The Committee requests the Government to provide its comments on the observations of the KVPU. The Committee also requests the Government to provide information on the periodic review of the coherent national policy concerning protection against major industrial accidents under Article 4, including information on the consultations undertaken in this regard with the most representative organizations of employers and workers, and with other interested parties who may be affected.

Article 5. System for the identification of major hazard installations. Consultations. In the absence of information in this regard, the Committee once again requests the Government to indicate how it is ensured that consultations on the establishment of the system to identify major hazard installations have been held with the most representative organizations of employers and workers and other interested parties who may be affected.

Article 6. Special provision to protect confidential information transmitted or otherwise made available under Articles 8, 12, 13 or 14. The Committee previously recalled that the special provisions to protect confidential information in Article 6 relate specifically to information transmitted or made available to the competent authority in accordance with Articles 8 (notification requirements concerning existing and new major hazard installations), 12 (transmission of the safety report to the competent authority), 13 and 14 (accident reporting) of the Convention. As regards information under Articles 8 and 12, the Committee notes sections 11 and 20 of the Procedure for the Declaration of Safety of Major Hazard Installations, and section 18 of the Procedure for Identification and Recording of Major Hazard Installations, approved by Decision No. 956 of the Cabinet of Ministers of Ukraine of 11 July 2002. Those provisions require that data on high-risk installations which is considered to be state or commercial secrets, be submitted by business entities, in accordance with the relevant regulations. The Committee notes that a similar requirement to respect relevant regulations applies to the publication of information on major hazard installations by the SLS, under section 26 of the Procedure for Identification and Recording of Major Hazard Installations. The Committee requests the Government to indicate the specific regulations, including their relevant sections, that are referred to in sections 11 and 20 of the Procedure for the Declaration of Safety of Major Hazard Installations and sections 18 and 26 of the Procedure for Identification and Recording of Major Hazard Installations. The Committee further requests the Government to indicate the specific provisions ensuring the protection, in accordance with Article 6 of the Convention, of confidential information transmitted or made available to the competent authority in accordance with Articles 13 and 14 (accident reporting).

Article 9. Documented system of major hazard control, including technical and organizational preventive measures. The Committee previously requested the Government to indicate how it ensures that employers establish and maintain a documented system of major hazard control including provisions for technical measures (Article 9(b)); organizational measures (Article 9(c)); and consultation with workers and their representatives (Article 9(f)). As regards technical and organizational measures, the Committee notes section 5 of the Procedure for the Declaration of Safety of Major Hazard Installations, approved by Decision No. 956, which prescribes the content of safety declarations, but does not specify whether this content must cover all the elements listed under Article 9(b) and (c). On consultations, the Committee notes that the Government refers to section 23 of the Labour Protection Act, on the provision of information, which does not give effect to the specific requirements of Article 9(f) concerning consultations with workers and their representatives. The Committee requests the Government to indicate whether the requirements on the content of safety declarations, as prescribed by section 5 of the Procedure for the Declaration of Safety of Major Hazard Installations, approved by Decision No. 956, contain all the elements listed under Article 9(b) and (c). The Committee also requests once again the Government to indicate how it ensures that consultations with workers and their representatives are included in documented systems of major hazard control (Article 9(f)). Finally, the Committee requests the Government to indicate how effect is given to Article 9(g), on the improvement of the system of major hazard control.

Article 18(2). Right of representatives of employers and workers to accompany inspectors. The Committee notes that section 42 of the Labour Protection Act provides that OSH representatives have the right to participate and make appropriate proposals during inspections of enterprises. The Committee also notes the statement, in the observations of the KVPU, that Act No. 877-V of 2007 on Fundamental Principles of State Supervision and Monitoring of Economic Activity (Act No. 877-V) does not provide the opportunity for employee representatives to accompany inspectors on inspections. The Committee requests the Government to provide its comments in this respect and to provide information on the application of this Article in practice.

Article 20(c) and (f). Right of workers and their representatives to be consulted, to discuss any potential hazards with the employer and to notify the competent authority. The Committee notes the observations of the KVPU, alleging that the law does not prescribe direct rules for workers and their representatives to participate in consultations in the preparation of safety reports, emergency plans and related procedures, and accident reports. The Committee requests the Government to provide its comments in this respect, including any measures taken to remedy this situation. Once again, the Committee requests the Government to indicate: (i) how it is ensured that workers and their representatives have the opportunity to discuss with the employer any potential hazards they consider capable of generating a major accident, in workplaces with no OSH committee; and (ii) the procedures for collecting and submitting information on the safety of major hazard installations, established pursuant to section 15 of the Major Hazard Installation Act.

Article 22. Responsibility of exporting States. In the absence of additional information on this issue, the Committee once again requests the Government to indicate whether it exports any substances, technologies or processes, the use of which is prohibited as potential sources of a major accident, and if so, to indicate the measures taken to inform importing countries of such prohibition, in accordance with Article 22 of the Convention.

C.Protection in specific branches of activity

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

The Committee takes note of the information provided in the Government’s report, in reply to its previous request concerning Article 4 (applicable laws and regulations), on the measures applying Articles 7 (proper maintenance and cleaning of premises); 8 (ventilation); 9 (sufficient and suitable lighting); 10 (comfortable and steady temperature); and 11 (layout of workplaces and work stations).

Article 12 of the Convention. Supply of wholesome drinking water to workers. The Committee notes the Government’s reference to section 167 of the Labour Code, but observes that this section applies to workers of hot workshops and production sites. The Committee requests the Government to indicate the specific provisions of national laws and regulations which give effect to Article 12, in respect of workplaces covered by the Convention (commerce and offices).

Article 13. Sufficient and suitable washing facilities and sanitary conveniences. The Committee requests the Government to indicate the specific provisions of national laws and regulations which ensure that sufficient and suitable washing facilities and sanitary conveniences are provided, made available for use and properly maintained in workplaces covered by the Convention.

Article 14. Sufficient and suitable seats. The Committee notes the provisions of the National Standards of Ukraine (DSTU) ISO 9241-5: 2004 “Ergonomic requirements for work with screens in the office. Part 5. Requirements for the layout of the workplace and the working posture”, and State Sanitary Rules and Regulations for work with visual display terminals of computers, GSanPIN 3.3.2.002-98 of 10 December 1998, which provide requirements on suitable seats. The Committee requests the Government to indicate the provisions or any other measures taken to ensure that sufficient seats are supplied for workers, and that workers shall be given reasonable opportunities to use them.

Article 16. Underground or windowless premises. The Committee notes the Government’s indication that Annex D in the State Building Regulations of Ukraine (DBN) 2.2-9-2018 “Public buildings and structures” gives effect to Article 16. The Committee requests the Government to indicate the manner in which Annex D of DBN 2.2-9-2018 “Public buildings and structures” ensures that underground or windowless premises in which work is normally performed shall comply with appropriate standards of hygiene, and requests the Government to provide further information on measures taken or envisaged to give effect to Article 16.

Safety and Health in Mines Convention, 1995 (No. 176)

Article 3 of the Convention. Policy on safety and health in mines. Following its previous comments on activities undertaken on safety and health in mines, the Committee notes that the activities referred to in the Government’s report, including the development, by the Ministry of Energy and Coal, of annual plans of basic measures to improve OSH in enterprises. Regarding the review of a coherent policy on safety and health in mines, in consultation with social partners, the Committee also notes the Government’s reference to Decree No. 989. The Government states that the Ministry of Energy and Coal has defined as the main strategic task for all types of enterprises, the alignment of OSH management systems with international standards, including the introduction of new systemic approaches to OSH management. Nevertheless, the Committee once again observes an absence of information on consultations with social partners. The Committee requests the Government to indicate how the reforms envisaged in the implementation of Decree No. 989 will affect mining laws and regulations, and to include information on the consultations taking place in this regard with the most representative organizations of employers and workers concerned. The Committee further requests the Government to continue to provide information on measures taken to carry out the coherent policy on safety and health in mines, such as information on the implementation of annual plans of the Ministry of Energy and Coal on measures to improve OSH in enterprises.

Article 9(c). Provision and maintenance at no cost to the worker of suitable protective equipment, clothing and other facilities. The Committee notes the observations of the KVPU, alleging deficiencies in the amount and types of personal protective equipment (PPE) provided by employers to workers in mines. The KVPU states that this leads workers to acquire PPE at their own expenses on occasions, while the legislative procedure to compensate them may take considerable time. The Committee requests the Government to indicate the measures taken to ensure that, where adequate protection cannot be ensured by other means, suitable protective equipment are provided at no cost to the worker.

Article 11. Regular health surveillance of workers. The Committee notes the observations of the KVPU alleging that, medical examinations in 2017–18 were not funded at a number of state-owned coal-mining enterprises, thus leading to the official results of medical examinations not being provided to those enterprises. With reference to its comments above on Convention No. 139 noting that most recorded cases of occupational cancer are in the mining sector, the Committee requests the Government to take the necessary measures to guarantee that employers ensure the provision of regular health surveillance of workers exposed to occupational health hazards specific to mining.

Article 12. Responsibilities of the employer in charge of the mine when two or more employers undertake activities at the same mine. Following its previous comments urging the Government to take measures to give effect to Article 12 of the Convention, the Committee observes that, according to the Government, the Economic Code of Ukraine already covers the obligation contained in Article 12. The Committee recalls that Article 12 provides for an obligation that is specific to mines and OSH, namely, that where two or more employers undertake activities at the same mine, the employer in charge of the mine shall coordinate the implementation of all measures concerning the safety and health of workers and shall be held primarily responsible for the safety of the operations. The Committee requests the Government to indicate the specific provisions of the Economic Code of Ukraine giving effect to Article 12. The Committee further requests the Government to provide information on the manner in which this Article is applied in practice in the country.

Article 13(1)(b), (2)(a) and (2)(b)(i). Workers and safety and health representatives’ rights. Requesting, obtaining and participating in inspections and investigations. The Committee notes the observations of the KVPU alleging that, under section 6 of Act No. 877-V, workers can only request inspections in the case of damage, with the provision of supporting documents, rather than where there is cause for concern on safety and health grounds, as Article 13(1)(b) allows. In addition, the KVPU alleges that, currently, workers’ representatives are not able to participate in inspections and investigations conducted by the employer and by the competent authority at the workplace, as Article 13(2)(b)(i) requires. The Committee recalls that Article 13(2)(a) also requires safety and health representatives to, in accordance with national laws and regulations, have the right to represent workers on all aspects of workplace safety and health. The Committee requests the Government to indicate how it ensures that full effect is given to Article 13(1)(b), (2)(a) and (2)(b)(i).

Safety and Health in Agriculture Convention, 2001 (No. 184)

The Committee takes note of the information in the Government’s report, in reply to its previous requests concerning Articles 8(1)(b) (workers’ participation on OSH and safety and health representatives), 9(2) (duties of manufacturers, importers and suppliers), 10 (use of agricultural machinery and equipment), 15 (agricultural installations), and 16(2) and (3) (training of young workers), 17 (temporary and seasonal workers), 19(b) (minimum accommodation standards) and 20 (working time arrangements) of the Convention.

Article 4(1) of the Convention. Coherent national policy on safety and health in agriculture. The Committee takes due note of the Government’s indication concerning the repeal of five Orders on labour protection in agriculture, and their consolidation into Order No. 1240 of the Ministry of Social Policy of 29 August 2018, approving Labour Protection Rules for the agricultural industry. The Committee requests the Government to indicate the manner in which the representative organizations of employers and workers concerned were consulted in this process and on any further developments of the national policy.

Article 6(2). Cooperation between two or more employers in an agricultural workplace. Regarding its previous request for the Government to take all the necessary measures to establish the duty envisaged in Article 6(2) of the Convention, the Committee notes that the Government refers to the preparation of the draft act on amendments to several legislative acts to introduce a risk-based approach to OSH, in the context of the implementation of Decree No. 989. The Committee accordingly urges the Government to take all the necessary measures to establish, in the context of the abovementioned reforms, a duty to cooperate in applying safety and health requirements, where two or more employers undertake activities in the same agricultural workplace. The Committee requests the Government to indicate the measures taken.

Article 7(c). Immediate steps to stop any operation where there is imminent and serious danger. Further to its previous comments, the Committee notes that the Government refers to sections 15, 39 and 41 of the Labour Protection Act. The Committee recalls that Article 7(c) of the Convention requires national laws and regulations or the competent authority to provide, taking into account the size of the undertaking and the nature of its activity, that the employer shall take immediate steps to stop any operation where there is an imminent and serious danger to safety and health and to evacuate workers as appropriate. Section 41 of the Labour Protection Act does not provide for the corresponding duty of the employer, and section 15 of the Labour Protection Act provides that the employer can override the orders of labour protection specialists. The Committee also notes the observations of the KVPU, according to which a potential threat may persist for a long time in practice, because the adoption of urgent measures by officials of the central executive authority is impossible without a court decision. The Committee urges the Government to take the necessary measures to give full effect to Article 7(c) of the Convention, and to provide information on the measures taken.

Article 11. Evaluation of risks, consultation and establishment of health and safety requirements for handling and transport of materials. Following its previous comments, the Committee notes the Government’s reference to: (i) the Safety and Health Protection Requirements for Workers Using Production Equipment, approved by Order No. 2072 of the Ministry of Social Policy of 28 December 2017; (ii) the Labour Protection Rules for Workers Engaged in Work concerning the Storage and Processing of Grain, approved by Order No. 1504 of the Ministry of Social Policy of 20 September 2017; and (iii) the Labour Protection Rules for Loading and Unloading Work, approved by Order No. 21 of the Ministry of Social Policy of 19 January 2015. The Committee requests the Government to provide information on the consultations undertaken with the representative organizations of employers and workers concerned in this regard, and to provide information on any additional measures taken to give effect to this Article.

Article 12(b). Sound management of chemicals. Adequate information. Referring to its previous comments, the Committee notes that the Law on Pesticides and Agrochemicals does not prescribe a duty for those who produce, import, provide, sell, transfer, store or dispose of chemicals used in agriculture to provide adequate information to users concerning compliance with safety and health standards in the official language of Ukraine. The Committee requests once again the Government to take all necessary steps to give effect to Article 12(b) of the Convention and to provide information in this regard.

Article 14. Protection against biological hazards. Application in practice. The Committee notes the information provided by the Government concerning the relevant provisions of Order No. 1240 of the Ministry of Social Policy of 29 August 2018, approving Labour Protection Rules for the agricultural industry. These include requirements that only workers who have received preventive vaccinations and specific instructions on handling infectious materials to perform work taking care of animals suffering from infectious diseases; that the relevant workers be provided with personal protective equipment and clothing. The Committee requests the Government to provide information on the application of this Order in practice, with regard to protection against biological hazards.

Article 19(a). Welfare facilities. Following its previous comments, the Committee notes the Government’s reference to the Labour protection rules for the maintenance and repair of agricultural production machines and equipment, approved by Order No. 152 of the State Committee of Ukraine on Labour Protection Monitoring of 30 November 2001, and requiring sanitary premises for workers directly employed in production to comply with prescribed standards. Noting that the Order applies to enterprises, institutions, organizations and legal entities engaged in the maintenance and repair of machinery and equipment for agricultural production, the Committee requests the Government to indicate the specific provisions which ensure that adequate welfare facilities are provided at no costs to the workers, in agricultural workplaces not covered by that Order.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 139 (occupational cancer), 155 (OSH) and 176 (safety and health in mines) together.

The Committee notes the joint observations of the Confederation of Free Trade Unions of Ukraine (KVPU) and the Federation of Trade Unions of Ukraine (FPU), received 6 October 2022, concerning the Draft Law on Labour and the Draft Law on Safety and Health at Work.

The KVPU and the FPU indicate that the Draft Law on Labour is not in conformity with Convention No. 155, with respect to Articles 4 (consultation with the most representative organizations of employers and workers in the development, implementation and review of the national OSH policy), 5(e) (the protection of workers and their representatives from disciplinary measures), 8 (implementation of the national policy) and 10 (measures to provide guidance to employers and workers). The KVPU and FPU further state that the Draft Law on Safety and Health at Work is not in conformity with Convention No. 155, and in particular, Articles 4, 5(e), 8, 10, 13 (protection for a worker that has removed themself from a dangerous work situation) and Article 19 (arrangements at the level of the undertaking relating to rights and duties of workers and their representatives, and cooperation). The unions indicate that the Draft Law on Safety and Health at Work has been developed to replace the current Labour Protection Act, and that it will significantly narrow the content and scope of existing guarantees and rights of employees related to safe and healthy working conditions. The unions allege that this Draft Law will remove the right to benefits and compensation for work in difficult and harmful working conditions, currently contained in the Labour Protection Act, and that the Draft does not stipulate minimum funding for preventive measures. The Committee requests the Government to provide its comments in this respect. The Committee also requests the Government to take the necessary measures to ensure that any legislation adopted on safety and health is in conformity with ratified OSH Conventions, and it recalls that the Government can avail itself of the technical assistance of the ILO in this regard. Lastly, recalling the importance of consultations with the representative organizations of employers and workers in the implementation of Convention No. 155, it requests the Government to provide information on the consultations held with the organizations of employers and workers on the development of the Draft Law on Labour and the Draft Law on Safety and Health at Work.

Application of Conventions No. 115 and No. 155 in practice. Nuclear power plant workers. The Committee notes that the Report on developments relating to the resolution concerning the Russian Federation’s aggression against Ukraine from the perspective of the mandate of the International Labour Organization, presented to the Governing Body at its 346th Session, October–November 2022 (GB.346/INS/14), noted rising concerns about the safety of workers in the occupied Zaporizhzhya Nuclear Power Plant. The Report highlighted concerns regarding the deteriorating working conditions and the safety of workers, mainly due to potential increased exposure to radiation, which would require continuous on-site and off-site monitoring and emergency preparedness measures. In a report published on 6 September 2022, the International Atomic Energy Agency (IAEA) underlined that substantial risks remain to the safety and integrity of the plant. In a statement released 20 November 2022, the Director General of the IAEA reiterated the urgent need for measures to help prevent a nuclear accident at the Zaporizhzhya Nuclear Power Plant. The Committee urges that all necessary measures be taken to protect the safety and health of nuclear power plant workers. In particular, it urges the strengthening of the implementation of Convention No. 115 with a view to ensuring the effective protection of workers against ionising radiations in the course of their work.

The Committee notes the extremely difficult situation in the country since 24 February 2022, and notes that in this context, no reports have been sent from the Government on the application of ratified OSH Conventions. The Committee therefore repeats its previous comments:

The Committee takes note of the observations of the International Trade Union Confederation (ITUC) on the application of Conventions Nos 155 and 176, received on 16 September 2020, alleging that there is a lack of preventive and protective measures to protect workers against the spread of COVID-19 and a shortage of personal protective equipment throughout the country, but especially in the healthcare and mining sector. The Committee requests the Government to provide its comments in this respect.

The Committee also notes the observations of the Confederation of Free Trade Unions of Ukraine (KVPU) on the application of Conventions Nos 155 and 176, received in 2019.

Occupational Safety and Health Convention, 1981 (No. 155)

Article 11(c) of the Convention. Notification of occupational accidents and diseases. The Committee notes that, according to the observations of the KVPU, employers do not follow, in practice, the notification procedures established by Decision No. 337 of the Cabinet of Ministers of Ukraine of 17 April 2019 approving the Procedure for Investigating and Recording Accidents and Occupational Diseases. The KVPU alleges that employers transmitted the notifications in violation of the deadlines, for 120 out of the 209 accidents registered by the State Labour Service (SLS) in the first half of 2019. The Committee requests the Government to provide its comments in this respect, and to take the necessary measures to ensure that Decision No. 337 is fully applied in practice with a view to ensuring the notification of occupational accidents and diseases by employers.

Occupational Cancer Convention, 1974 (No. 139)

Articles 2, 3 and 4 of the Convention. Replacement of carcinogenic substances and agents, measures to be taken to protect workers, record keeping, and provision of information. The Committee notes that the Government’s report does not respond to its previous comments on the issues covered by Articles 2 (replacement of carcinogenic substances and agents), (measures taken to protect workers and for record keeping) and 4 (providing workers with information on the dangers involved and the measures to be taken) of the Convention. The Committee also notes with concern that the Government: (1) reiterates previously raised difficulties in the application in practice of those Articles, including lack of funding, leading to the absence of measures to replace carcinogenic substances and agents by non-carcinogenic or less harmful substances or agents, and of an appropriate system to record the number of workers exposed to carcinogenic substances and agents; and (2) indicates that there are currently no special measures to ensure that workers who have been, are or may be exposed to carcinogenic substances and agents, are provided with all possible information regarding the dangers involved and the measures that should be taken. Taking into account the difficulties raised, the Committee urges the Government to take all the necessary measures to ensure that full effect is given to Articles 2, 3 and 4 of the Convention in the near future, and to provide information on the measures taken in this respect.

Safety and Health in Mines Convention, 1995 (No. 176)

Articles 5(1), (2)(e) and 16 of the Convention. Supervision of safety and health in mines, suspension of mining activities, corrective measures and enforcement. In response to its previous comments on inspections undertaken in mines, the Committee notes the statistics provided in the Government’s report regarding the number of inspections conducted, violations detected and total amount of fines imposed. The Committee also notes the observations of the KVPU, alleging that the application of Act No. 877-V of 2007 on Fundamental Principles of State Supervision and Monitoring of Economic Activity restricts inspection in mines. The KVPU also refers to an incident in 2017–18 in which there were two fatal accidents at the same mining workplace within a year of each other, due to the failure to respect an order prohibiting the use of certain equipment, issued by the administrative court following an application by the State Labour Service (SLS). Referring to its comments concerning restrictions on the powers of labour inspectors, adopted in 2020 under the Labour Inspection Convention, 1947 (No. 81), and the Inspection (Agriculture) Convention, 1969 (No. 129), the Committee requests the Government to take all the necessary measures to ensure the effective enforcement of the provisions of this Convention, in accordance with Article 16. In this regard, the Committee requests the Government to continue to provide statistics on violations detected during inspections, and detailed information on the measures taken by inspectors in such cases, including penalties imposed and other corrective measures. In addition, the Committee requests the Government to provide further information on the application in practice of Article 5(2)(e), regarding the power of the competent authorities to suspend or restrict mining activities on safety and health grounds, until the condition giving rise to the suspension or restriction has been corrected.

Articles 5(2)(c) and (d), 7 and 10(d). Measures to eliminate or minimize the risks to safety and health in mines. Procedures for investigating fatal and serious accidents and the compilation and publication of statistics. Appropriate remedial measures and measures taken to prevent future accidents by employers as a result of investigations. Further to its previous comments, the Committee notes the Government’s reference to the procedure for investigating accidents in enterprises in the coal industry, pursuant to Decision No. 337 of the Cabinet of Ministers of Ukraine of 17 April 2019 approving the Procedure for Investigating and Recording Accidents and Occupational Diseases. The Committee notes, however, that, according to the Government, 23 per cent of investigations mandated in 2018 are still outstanding, along with 5 per cent of the ones mandated in 2017 and 5 per cent of those mandated in 2016, due primarily to the lack of conclusions that should result from the investigation procedure. The KVPU also alleges that the established notification procedures for occupational accidents and diseases are not followed in practice. As regards measures taken to address the causes of such accidents, the Government indicates that the SLS established a commission to review regulatory documents on removing gases, ventilation and combating gas-dynamic phenomena, but does not refer to measures taken in mines in general. The Committee nevertheless notes the observations from the ITUC, which refers to the high rate of occupational accidents and diseases in the mining sector, and alleges that occupational fatalities and diseases in mining are underestimated as there is scant data in the industry. The ITUC further alleges that, according to the SLS, 68.7 per cent of workers in mining have been working in conditions which fail to meet sanitary and hygienic standards, that 53.5 per cent work with excessive dust, 42.3 per cent with excessive noise, 14.2 per cent with excessive vibration, and 9.8 per cent with excessive exposure of harmful chemicals. The Committee requests the Government to provide its comments in respect of the ITUC’s observations. The Committee also requests the Government to take the necessary measures to ensure that full effect is given to Article 10(d) of the Convention, requiring that employers shall ensure that all accidents and dangerous occurrences are investigated and appropriate remedial action is taken in practice. As regards Article 5(2)(d) on the compilation and publication of statistics on accidents, occupational diseases and dangerous occurrences, the Committee refers to its comments adopted in 2020 concerning Article 11(c) of Convention No. 155. The Committee also requests the Government to provide further detailed information on the measures taken to ensure the application, in mines, of the employers’ duties contained in Articles 7 and 10.

Article 5(2)(f). Rights of workers and their representatives to be consulted on and participate in OSH measures. Further to its previous comments on procedures to implement the rights of workers and their representatives to be consulted on and participate in OSH measures (Article 5(2)(f)), the Committee notes that section 42 of the Labour Protection Act provides that OSH representatives may apply for assistance to the bodies in charge of state supervision over OSH, and have a right to participate and make appropriate proposals during inspections. The Committee also notes, however, the observations of the KVPU, alleging that the national legislation does not provide for mandatory and documented procedures to secure real forms of participation by workers’ and their representatives in consultations on OSH at the workplace. The Committee requests the Government to provide its comments in this respect and to provide further information on the establishment of effective procedures to ensure the implementation of the rights of workers and their representatives to be consulted on OSH matters, and to participate in measures, relating to safety and health at the workplace in accordance with the provisions of the Article.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the Federation of Trade Unions of Ukraine (FPU), received on 2 September 2021.

The Committee notes the information provided by the Government, in reply to its previous request concerning Article 10 (notification of work) of the Convention.

Articles 3(1) and 6(2) of the Convention. All appropriate steps to ensure the effective protection of workers, in the light of available knowledge and maximum permissible doses of ionizing radiation. 1. Protection for pregnant and breastfeeding workers. The Committee previously referred to paragraph 33 of its 2015 general observation, indicating that methods of protection at work for pregnant women should provide a level of protection for the embryo/foetus broadly similar to that provided for members of the public (an annual effective dose limit of 1 millisievert (mSv)) and requested information on national legislative amendments. In this regard, the Committee welcomes that, under section 6 of the Act on Protection of People from Ionizing Radiation, as last amended in 2019, the effective dose limit for pregnant women working with sources of ionizing radiation is 1 mSv per year. However, the Committee observes that, according to the report of the Government, section 5.6 of the Standards of Radiological Safety of Ukraine of 1997, providing for a dose limit of 2 mSv for the whole period of pregnancy, is still in force. The Committee once again recalls that, under Article 6(2) of the Convention, maximum permissible doses shall be kept under constant review in the light of current knowledge. The Committee requests the Government to indicate the measures taken to revise the maximum permissible dose established for pregnant workers under the Standards of Radiological Safety of Ukraine of 1997, in light of current knowledge.

2. Lens of the eye. The Committee notes the Government’s indication that section 5.1 of the Standards of Radiological Safety of Ukraine of 1997 sets the equivalent dose limit for the lens of the eye at 150 mSv per year for workers who permanently or temporarily work directly with sources of ionizing radiation. The Committee refers to paragraph 11 of its 2015 general observation drawing attention to the latest recommendation of the International Commission of Radiological Protection (ICRP) of an equivalent dose to the lens of the eye of 20 mSv per year, averaged over five years, with no single year exceeding 50 mSv, for occupational exposure in planned exposure situations. The Committee requests the Government to indicate the measures taken to review the maximum permissible doses established, in light of current knowledge, with respect to the lens of the eye.

Article 8. Dose limits for workers not directly engaged in radiation work. With reference to paragraph 14 of its 2015 general observation, the Committee previously observed that the national legislation was not in line with the ICRP’s recommendation of an annual effective dose limit of 1 mSv for workers not directly engaged in radiation work. In this regard, the Committee notes the Government’s reiteration that the effective dose limits for persons who do not work directly with sources of ionizing radiation, but may be subject to additional exposure due to the location of their workplace in premises or on industrial sites with facilities using radiation or nuclear technology, must not exceed 2 mSv per year. The Committee recalls once again that, under Article 8 of the Convention, appropriate levels shall be fixed in accordance with Article 6 for workers who are not directly engaged in radiation work, but who remain or pass where they may be exposed to ionizing radiation or radioactive substances. With reference to paragraph 14 of its 2015 general observation, which indicates that the annual effective dose limit for this category of workers should be 1mSv, the Committee once again requests the Government to indicate the measures taken to review the maximum permissible dose established for workers not directly engaged in radiation work, in light of current knowledge.

Articles 11 and 15. Appropriate monitoring of workers and places of work. Appropriate inspection services. Application in practice. The Committee notes the observations of the FPU indicating that the existing practice of monitoring radiation dose limits, including using individual dosimeters, does not always ensure data reliability and that there are cases where workers have been forced, through pressure from management, to shield individual dosimeters in order to conceal the real figures. In this respect, the FPU takes the view that special procedures are necessary to prevent the application of pressure on workers to exceed prescribed limits, and to ensure compliance with sanitary control regulations and standards. The Committee requests the Government to provide its comments in this respect. In addition, the Committee once again requests the Government to provide information on the application of the Convention in practice, including on the number and nature of contraventions reported, of any accidents recorded and on the measures taken to remedy them.

[The Government is asked to reply in full to the present comments in 2022.]

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 119 (guarding of machinery), 120 (hygiene (commerce and offices)), 139 (occupational cancer), 155 (OSH), 161 (occupational health services), 174 (prevention of major industrial accidents), 176 (safety and health in mines), and 184 (safety and health in agriculture) together.

The Committee notes the observations of the Confederation of Free Trade Unions of Ukraine (KVPU) on the application of Conventions Nos 155, 174, 176 and 184, received in 2019.

Application in practice of Conventions Nos 119, 120, 139, 155, 161, 174, 176 and 184. The Committee notes the information provided in the Government’s report on Convention No. 155 and in the report of the SLS on the State of Labour Protection, published in March 2020, on the number of occupational accidents and cases of occupational diseases, including the slight decrease in the number of occupational accidents, from 4,126 in 2018 to 3,876 in 2019. The Committee also notes the measures identified in the report of the SLS to improve the situation on OSH, including inspection activities and other methods to provide guidance on OSH, such as consultations and seminars. The Committee requests the Government to indicate the impact of measures taken to reduce the number of occupational accidents and diseases in the country, in particular in sectors recording a higher incidence of occupational injuries. The Committee also requests the Government to continue to provide available information on the application in practice of ratified OSH Conventions, including the nature and cause of reported occupational accidents and reported cases of occupational disease and the number of occupational accidents and cases of occupational disease disaggregated by age, gender and sector.

A. General Provisions

Occupational Safety and Health Convention, 1981 (No. 155)

Articles 4, 7 and 8 of the Convention. National OSH policy. Legislative reforms. The Committee notes that, in response to its previous comments on the implementation and periodic review of the national policy, the Government’s report refers to various measures, including the adoption of Decree No. 989 of the Cabinet of Ministers of Ukraine of 12 December 2018 (Decree No. 989). According to the Government, this Decree approves: (i) the Framework for the reform of the labour protection management system in Ukraine (the Framework); and (ii) a plan of action for its implementation (the Plan of Action), which provides for legislative amendments, including a draft act on amendments to several legislative acts to introduce a risk-based approach to OSH. The Committee notes in this regard that the country is collaborating with the ILO on OSH, with one of the outcomes of the EU–ILO Project “Towards safe, healthy and declared work in Ukraine”, being to bring the legal framework on OSH closer to international labour standards. The Committee requests the Government to provide information on the progress made in the implementation of the reforms envisaged by the Framework and Plan of Action approved by Decree No. 989 and to indicate how the most representative organisations of employers and workers have been consulted in the context of these reforms, including the results of such consultations. In this respect, the Committee requests the Government to include information on the adoption of the draft act on amendments to several legislative acts to introduce a risk-based approach to OSH.

Articles 5(d), 19(b), (c) and (e), and 20. Communication and cooperation at the level of the undertaking and at all other appropriate levels. Following its previous comments, the Committee notes the Government’s reference to measures taken to ensure communication and co-operation at all appropriate levels, including the tripartite General Agreement on the regulation of basic principles and standards for implementing social and economic policies and employment relationships in Ukraine 2019–21 (Tripartite General Agreement 2019–21), which contains provisions on OSH. The Committee notes, however, that according to the observations of the KVPU, real mechanisms of cooperation are not reflected in regulatory acts on OSH and are not included in the OSH management systems in enterprises. The KVPU indicates that representatives of trade union organizations are sometimes not allowed into the enterprises where their members work. Under Convention No. 174, the KVPU also alleges that consultations at the enterprise level are not implemented in practice. The Committee requests the Government to indicate the measures taken to improve the situation relating to communication and cooperation at the level of the undertaking, and to ensure the effective application of Articles 5(d), 19(b), (c) and (e) and 20, in law and in practice.

Article 5(e). Protection of workers and their representatives from disciplinary measures. Following its previous comments concerning measures to apply this Article, the Committee notes the Government’s reference to the Tripartite General Agreement 2019–21, which recommends that sectoral, regional and collective agreements have mechanisms related to the implementation of workers’ right to refuse to perform assigned work in unsafe conditions. In the absence of further information and indicators specifying whether workers would be protected against disciplinary measures as a result of actions properly taken by them to secure their safety in conformity with the national OSH policy, the Committee requests the Government to provide further information on the measures taken to give effect to Article 5(e).

Article 9. Enforcement. The Committee previously requested the Government to provide information on measures taken to strengthen its labour inspection system and to enforce the laws and regulations concerning OSH. In the absence of information in this regard, and noting the observations of the KVPU relating to various difficulties in the application in practice of the ratified OSH Conventions, the Committee refers the Government to its comments adopted in 2020 concerning the Labour Inspection Convention, 1947 (No. 81) and the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

Article 12. Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. Further to its previous comments, the Committee notes that Act No. 124-VIII of 15 January 2015 on Technical Regulations and Conformity Assessments provides for the application by manufacturers and, in prescribed cases, by importers, distributors or other persons, of procedures to assess the conformity of products placed on the market with technical regulations (section 25(2)). The Committee notes that manufacturers of machines also have a duty to ensure compliance with safety and health requirements and to provide information under section 8 and the Annexes of the Technical Regulations on the Safety of Machines, approved by Decree No. 62 of 30 January 2013. In addition, section 9 of Act No. 2736-VI on the General Safety of Non-food Products provides for the duties of manufacturers and distributors to provide information on the risks posed by those products.

Articles 13 and 19(f). Protection of workers who remove themselves from work situations presenting an imminent and serious danger. Further to its previous comments, the Committee notes the Government’s indication that a draft act prepared in the context of the abovementioned OSH reforms provides that, when a worker who is faced with serious, immediate and unavoidable danger, leaves their workplace and/or the dangerous area, they shall not be liable for those actions. The Committee recalls that Article 13 provides protection to a worker that has removed themselves in any situation in which the worker has reasonable justification to believe presents an “imminent and serious danger” to their life or health, and does not require that such danger be “unavoidable”. In addition, under Article 19(f), until the employer has taken remedial action, if necessary, the employer cannot require workers to return to a work situation where there is continuing imminent and serious danger to life or health. The Committee requests the Government to take Articles 13 and 19(f) of the Convention into account in its ongoing legislative revisions on OSH, and to continue to provide information on the measures taken to give full effect to these Articles.

Article 15. Arrangements, made after consultations with social partners, to ensure the necessary coordination between various authorities and bodies. Further to its previous comments on coordination between bodies and authorities working on OSH, the Committee notes the Government’s reference to meetings of the boards of the central authority and responsible regional bodies; consultations on draft laws and regulations on OSH; and meetings, seminars and events to discuss and make decisions on OSH. The Committee requests the Government to continue to provide information on the application in practice of this Article to ensure that the necessary coordination between various authorities and bodies is effected.

Article 18. Measures to deal with emergencies and accidents, including adequate first-aid arrangements. The Committee previously noted section 18 of the Labour Protection Act, providing that employees should receive training on the provision of first aid to victims of accidents and rules in the event of an accident, and section 13 of the same Act providing for the obligation of employers to take the necessary measures in emergency situations or in the event of an accident. In the absence of additional information on this issue, the Committee once again requests the Government to provide information on the measures taken or envisaged, other than sections 13 and 18 of the Labour Protection Act, to require employers, where necessary, to deal with emergencies and accidents, including measures to provide for adequate first-aid arrangements.

Occupational Health Services Convention, 1985 (No. 161)

Articles 2 and 4 of the Convention. Formulation, implementation and periodic review of a national policy on occupational health services. Further to its request for information regarding a national policy on occupational health services, the Committee notes that the Government’s report refers to the preparation of a draft order of the Minister of Social Policy on the approval of draft Model Regulations on Labour Protection Services. The Government also indicates that the amendments to OSH legislation that are envisaged in the OSH reforms set out in Decree No. 989, mentioned under Convention No. 155 above, will facilitate the expansion of the functions of occupational health services. The Committee also notes that Presidential Decree No. 400/2011 of 6 April 2011 in relation to the Regulation of the State health and Epidemiological Services is no longer in force, following the adoption of Presidential Decree No. 419/2019. The Committee requests the Government to indicate how the legislative reforms envisaged by Decree No. 989 will cover the subject of occupational health services. In addition, the Committee requests the Government to indicate the current legislation governing state health and epidemiological services and to provide a copy of the order approving the new Model Regulations on Labour Protection Services, once adopted. Additionally, the Committee once again requests the Government to provide information on consultations undertaken with the most representative organizations of employers and workers on measures taken to give effect to the Convention, including in the context of the reforms.

Articles 3(1), 5 and 7(1). Organization and functions of the occupational health service. Application in practice. The Committee previously noted section 15 of the Labour Protection Act, providing for occupational health services in the form of labour protection services established by the employer. The Committee notes that the existing Model regulations on Labour Protection Services (NPAOP 0.00-4.35-04) provide for functions of labour protection services, giving effect to Article 5(a)–(e), (i) and (k) of the Convention. The Committee notes that those functions also give effect to Article 5(f) for certain workers, such as those engaged in some types of hazardous work, or work needing annual mandatory medical examinations of persons up to 21 years. The Committee requests the Government to provide further information on the application in practice of section 15 of the Labour Protection Act, such as the proportion of undertakings in the country organizing labour protection services in accordance with section 15. The Committee also requests the Government to indicate the measures taken to ensure that, as appropriate to the occupational risks of the undertaking, occupational health services have the functions in Article 5(g) (promoting the adaptation of work to the worker), (h) (contributing to measures of vocational rehabilitation), and (j) (organization of first aid). As regards Article 5(f), the Committee requests the Government to indicate any provisions prescribing that occupational health services undertake medical surveillance of workers’ health in relation to work in non-high-risk enterprises.

Article 8. Cooperation between the employers, the workers and their representatives. In the absence of additional information on this matter, the Committee once again requests the Government to indicate how cooperation is ensured between employers and workers and their representatives in the implementation of measures relating to occupational health services.

Article 9(1). Composition of personnel within labour protection services. In response to its previous request on the composition of personnel within labour protection services, the Committee notes the Government’s indication that the employer, taking into account the industry, the number of workers, working conditions and other factors, determines the structure of labour protection services, including the number of personnel and their main functions. The Committee requests the Government to provide further information on how it ensures that occupational health services are of a multidisciplinary nature, in accordance with Article 9(1).

Article 10. Full professional independence of health services personnel. In response to its previous request on ensuring the full professional independence of the personnel providing occupational health services, the Committee notes the Government’s statement that such professional independence may only be achieved following the completion of legislative reforms, including those mentioned under Convention No. 155 above, and the adoption of new draft Model Regulations on Labour Protection Services. The Committee requests the Government to take the necessary measures to ensure that, in the context of the legislative reforms envisaged, the personnel providing occupational health services shall enjoy full professional independence from employers, workers, and their representatives, where they exist. The Committee further requests the Government to indicate the legislation adopted in this regard.

Article 12. No loss of earnings for workers in the process of the surveillance of their health. The Committee previously noted section 17 of the Labour Protection Act, requiring employers to fund the preliminary and periodic medical examinations for workers engaged in heavy, hazardous or dangerous work and requiring that workers undergoing medical examinations be paid their standard wage. Regarding medical surveillance of workers not engaged in heavy, hazardous or dangerous work, the Committee notes the Government’s reference to Decree No. 559 of 23 May 2001 of the Cabinet of Ministers of Ukraine, establishing the list of professions, industries and organizations for which mandatory preventive medical examinations of workers are required, and the procedure for conducting these examinations, which specify that mandatory medical examinations are conducted at the expense of employers. The Committee once again requests the Government to provide information on measures taken to ensure that, as far as possible, medical surveillance takes place during working hours.

Article 14. Information provided to the occupational health services on any factors which may affect workers’ health. The Committee once again requests the Government to indicate the measures taken or envisaged to ensure that occupational health services are informed of any factors in the working environment which may affect workers’ health.

Article 15. Informing occupational health services of ill health among workers and absence from work for health reasons. The Committee once again requests the Government to provide information on the measures taken to ensure that occupational health services are informed of occurrences of ill health among workers, and absence from work for health reasons.

B. Protection against specific risks

Guarding of Machinery Convention, 1963 (No. 119)

Article 15 of the Convention. Application and supervision of the provisions of the Convention. The Committee notes that, according to the Government’s report, there has been a 4 per cent decrease in the number of production-related accidents and a 12 per cent increase in the number of fatal accidents between 2017 and 2018, with organizational reasons being the most recurrent cause of accidents recorded. The Committee also notes that, as regards measures to reduce the number of workplace accidents and fatalities caused by machinery, the Government refers to a list of legislation adopted since 2015, including Order No. 2072 of the Ministry of Social Policy of 28 December 2017 on Health and Safety Requirements for Workers Using Industrial Equipment. The Committee requests the Government to continue to provide information on measures taken to reduce the number of accidents and fatalities caused by machinery, as well as statistics on occupational accidents caused by machinery (disaggregated by age, gender and sector), and any detected violations on the application of this Convention.

Occupational Cancer Convention, 1974 (No. 139)

Articles 1(1) and 6(a) of the Convention. Periodic determination of carcinogenic substances and agents. Consultations. Following its previous comments on this issue, the Committee notes the Government’s reiteration, in its report, that the review of the list of carcinogenic substances, products, production processes and environmental factors, adopted pursuant to Order No. 7 of 2006 of the Ministry of Health, was initiated in 2012. Noting the absence of information on any progress made in this regard, the Committee requests the Government to take the necessary measures to ensure the periodic determination of carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorisation or control, by completing the review of the abovementioned list. The Committee requests the Government to provide information on the progress achieved in this regard, including on consultations undertaken with the most representative organisations of employers and workers concerned.

Article 5. Medical examinations for workers during the period of employment and thereafter. The Committee previously noted that the Ministry of Health Order No. 246 of 2007 establishes the procedure for the medical examination of workers of specific categories but noted the Government’s statement that cancer hazards in the workplace are not fully covered by this Order, as it does not require early-stage diagnosis of precancerous or cancerous diseases of target organs. Noting an absence of information in reply to its previous request, the Committee once again requests the Government to indicate the measures taken to provide workers with such medical examinations, during the period of employment and thereafter, as are necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards.

Article 6(c). Inspections and application in practice. The Committee notes the statistics provided by the Government on the 585 cases of occupational cancer registered between 1992 and 2018. The Government indicates that the sectors which register the most cases of occupational cancer are the mining industry (74.2 per cent of all cases); and the processing industry (18.4 per cent of all cases), with the most frequent causes being exposure to carcinogenic agents such as mineral dust, asbestos, and aerosols. With reference to its comments on Convention No. 176 below, the Committee requests the Government to continue to provide information on the application of the Convention in practice, including information on inspections carried out, and the reported number and causes of cases of occupational cancer.

Prevention of Major Industrial Accidents Convention, 1993 (No. 174)

The Committee notes the information provided in the Government’s report, in reply to its previous request concerning Articles 10, 11 and 12 (safety reports) of the Convention.

Article 4 of the Convention. National policy concerning the protection of workers, the public and the environment against the risk of major accidents. Following its previous comments on the national programme to protect the population from man-made and natural emergency situations for 2013–17, the Committee notes the Government’s indication regarding the key activities undertaken to implement that programme, including waste disposal, refurbishment of premises and installation of systems in facilities. The Committee notes that the KVPU nevertheless alleges that the nature and direction of the measures undertaken in the implementation of the state policy do not directly affect OSH. The Committee also notes the Government’s statement that, due to limited funding, the majority of the programme’s activities was not fully carried out, and that a Bill (No. 7221) proposed to extend the duration of the national programme to 2018–22. According to the website of the Ukrainian Parliament, this Bill appears to have been withdrawn. The Committee requests the Government to provide its comments on the observations of the KVPU. The Committee also requests the Government to provide information on the periodic review of the coherent national policy concerning protection against major industrial accidents under Article 4, including information on the consultations undertaken in this regard with the most representative organizations of employers and workers, and with other interested parties who may be affected.

Article 5. System for the identification of major hazard installations. Consultations. In the absence of information in this regard, the Committee once again requests the Government to indicate how it is ensured that consultations on the establishment of the system to identify major hazard installations have been held with the most representative organizations of employers and workers and other interested parties who may be affected.

Article 6. Special provision to protect confidential information transmitted or otherwise made available under Articles 8, 12, 13 or 14. The Committee previously recalled that the special provisions to protect confidential information in Article 6 relate specifically to information transmitted or made available to the competent authority in accordance with Articles 8 (notification requirements concerning existing and new major hazard installations), 12 (transmission of the safety report to the competent authority), 13 and 14 (accident reporting) of the Convention. As regards information under Articles 8 and 12, the Committee notes sections 11 and 20 of the Procedure for the Declaration of Safety of Major Hazard Installations, and section 18 of the Procedure for Identification and Recording of Major Hazard Installations, approved by Decision No. 956 of the Cabinet of Ministers of Ukraine of 11 July 2002. Those provisions require that data on high-risk installations which is considered to be state or commercial secrets, be submitted by business entities, in accordance with the relevant regulations. The Committee notes that a similar requirement to respect relevant regulations applies to the publication of information on major hazard installations by the SLS, under section 26 of the Procedure for Identification and Recording of Major Hazard Installations. The Committee requests the Government to indicate the specific regulations, including their relevant sections, that are referred to in sections 11 and 20 of the Procedure for the Declaration of Safety of Major Hazard Installations and sections 18 and 26 of the Procedure for Identification and Recording of Major Hazard Installations. The Committee further requests the Government to indicate the specific provisions ensuring the protection, in accordance with Article 6 of the Convention, of confidential information transmitted or made available to the competent authority in accordance with Articles 13 and 14 (accident reporting).

Article 9. Documented system of major hazard control, including technical and organizational preventive measures. The Committee previously requested the Government to indicate how it ensures that employers establish and maintain a documented system of major hazard control including provisions for technical measures (Article 9(b)); organizational measures (Article 9(c)); and consultation with workers and their representatives (Article 9(f)). As regards technical and organizational measures, the Committee notes section 5 of the Procedure for the Declaration of Safety of Major Hazard Installations, approved by Decision No. 956, which prescribes the content of safety declarations, but does not specify whether this content must cover all the elements listed under Article 9(b) and (c). On consultations, the Committee notes that the Government refers to section 23 of the Labour Protection Act, on the provision of information, which does not give effect to the specific requirements of Article 9(f) concerning consultations with workers and their representatives. The Committee requests the Government to indicate whether the requirements on the content of safety declarations, as prescribed by section 5 of the Procedure for the Declaration of Safety of Major Hazard Installations, approved by Decision No. 956, contain all the elements listed under Article 9(b) and (c). The Committee also requests once again the Government to indicate how it ensures that consultations with workers and their representatives are included in documented systems of major hazard control (Article 9(f)). Finally, the Committee requests the Government to indicate how effect is given to Article 9(g), on the improvement of the system of major hazard control.

Article 18(2). Right of representatives of employers and workers to accompany inspectors. The Committee notes that section 42 of the Labour Protection Act provides that OSH representatives have the right to participate and make appropriate proposals during inspections of enterprises. The Committee also notes the statement, in the observations of the KVPU, that Act No. 877-V of 2007 on Fundamental Principles of State Supervision and Monitoring of Economic Activity (Act No. 877-V) does not provide the opportunity for employee representatives to accompany inspectors on inspections. The Committee requests the Government to provide its comments in this respect and to provide information on the application of this Article in practice.

Article 20(c) and (f). Right of workers and their representatives to be consulted, to discuss any potential hazards with the employer and to notify the competent authority. The Committee notes the observations of the KVPU, alleging that the law does not prescribe direct rules for workers and their representatives to participate in consultations in the preparation of safety reports, emergency plans and related procedures, and accident reports. The Committee requests the Government to provide its comments in this respect, including any measures taken to remedy this situation. Once again, the Committee requests the Government to indicate: (i) how it is ensured that workers and their representatives have the opportunity to discuss with the employer any potential hazards they consider capable of generating a major accident, in workplaces with no OSH committee; and (ii) the procedures for collecting and submitting information on the safety of major hazard installations, established pursuant to section 15 of the Major Hazard Installation Act.

Article 22. Responsibility of exporting States. In the absence of additional information on this issue, the Committee once again requests the Government to indicate whether it exports any substances, technologies or processes, the use of which is prohibited as potential sources of a major accident, and if so, to indicate the measures taken to inform importing countries of such prohibition, in accordance with Article 22 of the Convention.

C. Protection in specific branches of activity

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

The Committee takes note of the information provided in the Government’s report, in reply to its previous request concerning Article 4 (applicable laws and regulations), on the measures applying Articles 7 (proper maintenance and cleaning of premises); 8 (ventilation); 9 (sufficient and suitable lighting); 10 (comfortable and steady temperature); and 11 (layout of workplaces and work stations).

Article 12 of the Convention. Supply of wholesome drinking water to workers. The Committee notes the Government’s reference to section 167 of the Labour Code, but observes that this section applies to workers of hot workshops and production sites. The Committee requests the Government to indicate the specific provisions of national laws and regulations which give effect to Article 12, in respect of workplaces covered by the Convention (commerce and offices).

Article 13. Sufficient and suitable washing facilities and sanitary conveniences. The Committee requests the Government to indicate the specific provisions of national laws and regulations which ensure that sufficient and suitable washing facilities and sanitary conveniences are provided, made available for use and properly maintained in workplaces covered by the Convention.

Article 14. Sufficient and suitable seats. The Committee notes the provisions of the National Standards of Ukraine (DSTU) ISO 9241-5: 2004 “Ergonomic requirements for work with screens in the office. Part 5. Requirements for the layout of the workplace and the working posture”, and State Sanitary Rules and Regulations for work with visual display terminals of computers, GSanPIN 3.3.2.002-98 of 10 December 1998, which provide requirements on suitable seats. The Committee requests the Government to indicate the provisions or any other measures taken to ensure that sufficient seats are supplied for workers, and that workers shall be given reasonable opportunities to use them.

Article 16. Underground or windowless premises. The Committee notes the Government’s indication that Annex D in the State Building Regulations of Ukraine (DBN) 2.2-9-2018 “Public buildings and structures” gives effect to Article 16. The Committee requests the Government to indicate the manner in which Annex D of DBN 2.2-9-2018 “Public buildings and structures” ensures that underground or windowless premises in which work is normally performed shall comply with appropriate standards of hygiene, and requests the Government to provide further information on measures taken or envisaged to give effect to Article 16.

Safety and Health in Mines Convention, 1995 (No. 176)

Article 3 of the Convention. Policy on safety and health in mines. Following its previous comments on activities undertaken on safety and health in mines, the Committee notes that the activities referred to in the Government’s report, including the development, by the Ministry of Energy and Coal, of annual plans of basic measures to improve OSH in enterprises. Regarding the review of a coherent policy on safety and health in mines, in consultation with social partners, the Committee also notes the Government’s reference to Decree No. 989. The Government states that the Ministry of Energy and Coal has defined as the main strategic task for all types of enterprises, the alignment of OSH management systems with international standards, including the introduction of new systemic approaches to OSH management. Nevertheless, the Committee once again observes an absence of information on consultations with social partners. The Committee requests the Government to indicate how the reforms envisaged in the implementation of Decree No. 989 will affect mining laws and regulations, and to include information on the consultations taking place in this regard with the most representative organizations of employers and workers concerned. The Committee further requests the Government to continue to provide information on measures taken to carry out the coherent policy on safety and health in mines, such as information on the implementation of annual plans of the Ministry of Energy and Coal on measures to improve OSH in enterprises.

Article 9(c). Provision and maintenance at no cost to the worker of suitable protective equipment, clothing and other facilities. The Committee notes the observations of the KVPU, alleging deficiencies in the amount and types of personal protective equipment (PPE) provided by employers to workers in mines. The KVPU states that this leads workers to acquire PPE at their own expenses on occasions, while the legislative procedure to compensate them may take considerable time. The Committee requests the Government to indicate the measures taken to ensure that, where adequate protection cannot be ensured by other means, suitable protective equipment are provided at no cost to the worker.

Article 11. Regular health surveillance of workers. The Committee notes the observations of the KVPU alleging that, medical examinations in 2017–18 were not funded at a number of state-owned coal-mining enterprises, thus leading to the official results of medical examinations not being provided to those enterprises. With reference to its comments above on Convention No. 139 noting that most recorded cases of occupational cancer are in the mining sector, the Committee requests the Government to take the necessary measures to guarantee that employers ensure the provision of regular health surveillance of workers exposed to occupational health hazards specific to mining.

Article 12. Responsibilities of the employer in charge of the mine when two or more employers undertake activities at the same mine. Following its previous comments urging the Government to take measures to give effect to Article 12 of the Convention, the Committee observes that, according to the Government, the Economic Code of Ukraine already covers the obligation contained in Article 12. The Committee recalls that Article 12 provides for an obligation that is specific to mines and OSH, namely, that where two or more employers undertake activities at the same mine, the employer in charge of the mine shall coordinate the implementation of all measures concerning the safety and health of workers and shall be held primarily responsible for the safety of the operations. The Committee requests the Government to indicate the specific provisions of the Economic Code of Ukraine giving effect to Article 12. The Committee further requests the Government to provide information on the manner in which this Article is applied in practice in the country.

Article 13(1)(b), (2)(a) and (2)(b)(i). Workers and safety and health representatives’ rights. Requesting, obtaining and participating in inspections and investigations. The Committee notes the observations of the KVPU alleging that, under section 6 of Act No. 877-V, workers can only request inspections in the case of damage, with the provision of supporting documents, rather than where there is cause for concern on safety and health grounds, as Article 13(1)(b) allows. In addition, the KVPU alleges that, currently, workers’ representatives are not able to participate in inspections and investigations conducted by the employer and by the competent authority at the workplace, as Article 13(2)(b)(i) requires. The Committee recalls that Article 13(2)(a) also requires safety and health representatives to, in accordance with national laws and regulations, have the right to represent workers on all aspects of workplace safety and health. The Committee requests the Government to indicate how it ensures that full effect is given to Article 13(1)(b), (2)(a) and (2)(b)(i).

Safety and Health in Agriculture Convention, 2001 (No. 184)

The Committee takes note of the information in the Government’s report, in reply to its previous requests concerning Articles 8(1)(b) (workers’ participation on OSH and safety and health representatives), 9(2) (duties of manufacturers, importers and suppliers), 10 (use of agricultural machinery and equipment), 15 (agricultural installations), and 16(2) and (3) (training of young workers), 17 (temporary and seasonal workers), 19(b) (minimum accommodation standards) and 20 (working time arrangements) of the Convention.

Article 4(1) of the Convention. Coherent national policy on safety and health in agriculture. The Committee takes due note of the Government’s indication concerning the repeal of five Orders on labour protection in agriculture, and their consolidation into Order No. 1240 of the Ministry of Social Policy of 29 August 2018, approving Labour Protection Rules for the agricultural industry. The Committee requests the Government to indicate the manner in which the representative organizations of employers and workers concerned were consulted in this process and on any further developments of the national policy.

Article 6(2). Cooperation between two or more employers in an agricultural workplace. Regarding its previous request for the Government to take all the necessary measures to establish the duty envisaged in Article 6(2) of the Convention, the Committee notes that the Government refers to the preparation of the draft act on amendments to several legislative acts to introduce a risk-based approach to OSH, in the context of the implementation of Decree No. 989. The Committee accordingly urges the Government to take all the necessary measures to establish, in the context of the abovementioned reforms, a duty to cooperate in applying safety and health requirements, where two or more employers undertake activities in the same agricultural workplace. The Committee requests the Government to indicate the measures taken.

Article 7(c). Immediate steps to stop any operation where there is imminent and serious danger. Further to its previous comments, the Committee notes that the Government refers to sections 15, 39 and 41 of the Labour Protection Act. The Committee recalls that Article 7(c) of the Convention requires national laws and regulations or the competent authority to provide, taking into account the size of the undertaking and the nature of its activity, that the employer shall take immediate steps to stop any operation where there is an imminent and serious danger to safety and health and to evacuate workers as appropriate. Section 41 of the Labour Protection Act does not provide for the corresponding duty of the employer, and section 15 of the Labour Protection Act provides that the employer can override the orders of labour protection specialists. The Committee also notes the observations of the KVPU, according to which a potential threat may persist for a long time in practice, because the adoption of urgent measures by officials of the central executive authority is impossible without a court decision. The Committee urges the Government to take the necessary measures to give full effect to Article 7(c) of the Convention, and to provide information on the measures taken.

Article 11. Evaluation of risks, consultation and establishment of health and safety requirements for handling and transport of materials. Following its previous comments, the Committee notes the Government’s reference to: (i) the Safety and Health Protection Requirements for Workers Using Production Equipment, approved by Order No. 2072 of the Ministry of Social Policy of 28 December 2017; (ii) the Labour Protection Rules for Workers Engaged in Work concerning the Storage and Processing of Grain, approved by Order No. 1504 of the Ministry of Social Policy of 20 September 2017; and (iii) the Labour Protection Rules for Loading and Unloading Work, approved by Order No. 21 of the Ministry of Social Policy of 19 January 2015. The Committee requests the Government to provide information on the consultations undertaken with the representative organizations of employers and workers concerned in this regard, and to provide information on any additional measures taken to give effect to this Article.

Article 12(b). Sound management of chemicals. Adequate information. Referring to its previous comments, the Committee notes that the Law on Pesticides and Agrochemicals does not prescribe a duty for those who produce, import, provide, sell, transfer, store or dispose of chemicals used in agriculture to provide adequate information to users concerning compliance with safety and health standards in the official language of Ukraine. The Committee requests once again the Government to take all necessary steps to give effect to Article 12(b) of the Convention and to provide information in this regard.

Article 14. Protection against biological hazards. Application in practice. The Committee notes the information provided by the Government concerning the relevant provisions of Order No. 1240 of the Ministry of Social Policy of 29 August 2018, approving Labour Protection Rules for the agricultural industry. These include requirements that only workers who have received preventive vaccinations and specific instructions on handling infectious materials to perform work taking care of animals suffering from infectious diseases; that the relevant workers be provided with personal protective equipment and clothing. The Committee requests the Government to provide information on the application of this Order in practice, with regard to protection against biological hazards.

Article 19(a). Welfare facilities. Following its previous comments, the Committee notes the Government’s reference to the Labour protection rules for the maintenance and repair of agricultural production machines and equipment, approved by Order No. 152 of the State Committee of Ukraine on Labour Protection Monitoring of 30 November 2001, and requiring sanitary premises for workers directly employed in production to comply with prescribed standards. Noting that the Order applies to enterprises, institutions, organizations and legal entities engaged in the maintenance and repair of machinery and equipment for agricultural production, the Committee requests the Government to indicate the specific provisions which ensure that adequate welfare facilities are provided at no costs to the workers, in agricultural workplaces not covered by that Order.

[The Government is asked to reply in full to the present comments in 2022.]

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

General observation of 2015. The Committee would like to draw the Government’s attention to its general observation of 2015 under this Convention, and in particular the request for information contained in paragraph 30 thereof.

Articles 3(1) and 6(2) of the Convention. All appropriate steps to ensure the effective protection of workers, in the light of available knowledge and maximum permissible doses of ionizing radiation. Protection for pregnant and breastfeeding workers. With reference to its previous comments, the Committee notes that the Government reiterates information previously provided, indicating that section 5.6 of the Standards of Radiological Safety of Ukraine of 1997 provides that the dose limit with respect to radiation workers, following the diagnosis of pregnancy should not exceed 2 mSv for the whole period of pregnancy. It also notes that section 9.6.5. of the Basic Sanitary Rules for Radiation Safety of Ukraine provide that, for pregnant workers, occupational exposure should be adapted so as to ensure that the dose limits set are not exceeded. Recalling that under Article 6(2) of the Convention, maximum permissible doses shall be kept under constant review in the light of current knowledge, the Committee refers to paragraph 33 of its general observation of 2015, which indicates that the methods of protection at work for women who are pregnant should provide a level of protection for the embryo/foetus broadly similar to that provided for members of the public (the annual effective dose limit for members of the public is 1 mSv b). The Committee requests the Government to provide information on measures taken to review the maximum permissible dose established for workers who are pregnant, in light of current knowledge.

Article 8. Dose limits for workers not directly engaged in radiation work. The Committee once again notes the Government’s indication that the effective dose for individuals who do not work with sources of ionizing radiation, but who may be exposed to additional radiation because their workplace is situated on premises, or on an industrial site, where radiological or nuclear technology is used, must not exceed 2 mSv per year. The Committee recalls that, pursuant to Article 8 of the Convention, appropriate levels shall be fixed in accordance with Article 6 for workers who are not directly engaged in radiation work, but who remain or pass where they may be exposed to ionizing radiation or radioactive substances. It refers in this regard to paragraph 14 of the general observation of 2015, which indicates that the annual effect dose limit for this category of workers should be 1 mSv. The Committee reiterates its request that the Government indicate the measures taken or envisaged to review the maximum permissible dose established for workers not directly engaged in radiation work.

Article 10. Requirement of the notification of work involving exposure of workers to ionizing radiation. The Committee notes the Government’s reference to section 4 of the Act on Protection of People from Ionizing Radiation, in reply to the Committee’s previous request on the application of Article 10 of the Convention. Section 4 states that citizens have the right to get information as to levels of human exposure and measures of protection against the impact of ionizing radiation at their places of work and homes, from the respective state bodies responsible for human protection against the impact of ionizing radiation. The Committee recalls that, pursuant to Article 10 of the Convention, laws or regulations shall require the notification in a manner prescribed of work involving exposure of workers to ionizing radiations in the course of their work. It observes in this regard that section 4 of the Act on Protection of People from Ionizing Radiation refers to a right to information, but does not prescribe notification. Accordingly, the Committee requests the Government to provide information on the laws or regulations requiring the notification to workers of work involving exposure to ionizing radiations in conformity with Article 10.

Application in practice. Noting an absence of information on this point in the Government’s report, the Committee reiterates its request that the Government give a general appreciation of the manner in which the Convention is applied in practice in the country, including the number and nature of contraventions reported, the number and cause of accidents recorded and the measures taken to remedy them, and information on the individual protective equipment allocated to workers.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 139 (occupational cancer), 155 (OSH) and 176 (safety and health in mines) together.

The Committee takes note of the observations of the International Trade Union Confederation (ITUC) on the application of Conventions Nos 155 and 176, received on 16 September 2020, alleging that there is a lack of preventive and protective measures to protect workers against the spread of COVID-19 and a shortage of personal protective equipment throughout the country, but especially in the healthcare and mining sector. The Committee requests the Government to provide its comments in this respect.

The Committee also notes the observations of the Confederation of Free Trade Unions of Ukraine (KVPU) on the application of Conventions Nos 155 and 176, received in 2019.

Occupational Safety and Health Convention, 1981 (No. 155)

Article 11(c) of the Convention. Notification of occupational accidents and diseases. The Committee notes that, according to the observations of the KVPU, employers do not follow, in practice, the notification procedures established by Decision No. 337 of the Cabinet of Ministers of Ukraine of 17 April 2019 approving the Procedure for Investigating and Recording Accidents and Occupational Diseases. The KVPU alleges that employers transmitted the notifications in violation of the deadlines, for 120 out of the 209 accidents registered by the State Labour Service (SLS) in the first half of 2019. The Committee requests the Government to provide its comments in this respect, and to take the necessary measures to ensure that Decision No. 337 is fully applied in practice with a view to ensuring the notification of occupational accidents and diseases by employers.

Occupational Cancer Convention, 1974 (No. 139)

Articles 2, 3 and 4 of the Convention. Replacement of carcinogenic substances and agents, measures to be taken to protect workers, record keeping, and provision of information. The Committee notes that the Government’s report does not respond to its previous comments on the issues covered by Articles 2 (replacement of carcinogenic substances and agents), 3 (measures taken to protect workers and for record keeping) and 4 (providing workers with information on the dangers involved and the measures to be taken) of the Convention. The Committee also notes with concern that the Government: (1) reiterates previously raised difficulties in the application in practice of those Articles, including lack of funding, leading to the absence of measures to replace carcinogenic substances and agents by non-carcinogenic or less harmful substances or agents, and of an appropriate system to record the number of workers exposed to carcinogenic substances and agents; and (2) indicates that there are currently no special measures to ensure that workers who have been, are or may be exposed to carcinogenic substances and agents, are provided with all possible information regarding the dangers involved and the measures that should be taken. Taking into account the difficulties raised, the Committee urges the Government to take all the necessary measures to ensure that full effect is given to Articles 2, 3 and 4 of the Convention in the near future, and to provide information on the measures taken in this respect.

Safety and Health in Mines Convention, 1995 (No. 176)

Articles 5(1), (2)(e) and 16 of the Convention. Supervision of safety and health in mines, suspension of mining activities, corrective measures and enforcement. In response to its previous comments on inspections undertaken in mines, the Committee notes the statistics provided in the Government’s report regarding the number of inspections conducted, violations detected and total amount of fines imposed. The Committee also notes the observations of the KVPU, alleging that the application of Act No. 877-V of 2007 on Fundamental Principles of State Supervision and Monitoring of Economic Activity restricts inspection in mines. The KVPU also refers to an incident in 2017–18 in which there were two fatal accidents at the same mining workplace within a year of each other, due to the failure to respect an order prohibiting the use of certain equipment, issued by the administrative court following an application by the State Labour Service (SLS). Referring to its comments concerning restrictions on the powers of labour inspectors, adopted in 2020 under the Labour Inspection Convention, 1947 (No. 81), and the Inspection (Agriculture) Convention, 1969 (No. 129), the Committee requests the Government to take all the necessary measures to ensure the effective enforcement of the provisions of this Convention, in accordance with Article 16. In this regard, the Committee requests the Government to continue to provide statistics on violations detected during inspections, and detailed information on the measures taken by inspectors in such cases, including penalties imposed and other corrective measures. In addition, the Committee requests the Government to provide further information on the application in practice of Article 5(2)(e), regarding the power of the competent authorities to suspend or restrict mining activities on safety and health grounds, until the condition giving rise to the suspension or restriction has been corrected.

Articles 5(2)(c) and (d), 7 and 10(d). Measures to eliminate or minimize the risks to safety and health in mines. Procedures for investigating fatal and serious accidents and the compilation and publication of statistics. Appropriate remedial measures and measures taken to prevent future accidents by employers as a result of investigations. Further to its previous comments, the Committee notes the Government’s reference to the procedure for investigating accidents in enterprises in the coal industry, pursuant to Decision No. 337 of the Cabinet of Ministers of Ukraine of 17 April 2019 approving the Procedure for Investigating and Recording Accidents and Occupational Diseases. The Committee notes, however, that, according to the Government, 23 per cent of investigations mandated in 2018 are still outstanding, along with 5 per cent of the ones mandated in 2017 and 5 per cent of those mandated in 2016, due primarily to the lack of conclusions that should result from the investigation procedure. The KVPU also alleges that the established notification procedures for occupational accidents and diseases are not followed in practice. As regards measures taken to address the causes of such accidents, the Government indicates that the SLS established a commission to review regulatory documents on removing gases, ventilation and combating gas-dynamic phenomena, but does not refer to measures taken in mines in general. The Committee nevertheless notes the observations from the ITUC, which refers to the high rate of occupational accidents and diseases in the mining sector, and alleges that occupational fatalities and diseases in mining are underestimated as there is scant data in the industry. The ITUC further alleges that, according to the SLS, 68.7 per cent of workers in mining have been working in conditions which fail to meet sanitary and hygienic standards, that 53.5 per cent work with excessive dust, 42.3 per cent with excessive noise, 14.2 per cent with excessive vibration, and 9.8 per cent with excessive exposure of harmful chemicals. The Committee requests the Government to provide its comments in respect of the ITUC’s observations. The Committee also requests the Government to take the necessary measures to ensure that full effect is given to Article 10(d) of the Convention, requiring that employers shall ensure that all accidents and dangerous occurrences are investigated and appropriate remedial action is taken in practice. As regards Article 5(2)(d) on the compilation and publication of statistics on accidents, occupational diseases and dangerous occurrences, the Committee refers to its comments adopted in 2020 concerning Article 11(c) of Convention No. 155. The Committee also requests the Government to provide further detailed information on the measures taken to ensure the application, in mines, of the employers’ duties contained in Articles 7 and 10.

Article 5(2)(f). Rights of workers and their representatives to be consulted on and participate in OSH measures. Further to its previous comments on procedures to implement the rights of workers and their representatives to be consulted on and participate in OSH measures (Article 5(2)(f)), the Committee notes that section 42 of the Labour Protection Act provides that OSH representatives may apply for assistance to the bodies in charge of state supervision over OSH, and have a right to participate and make appropriate proposals during inspections. The Committee also notes, however, the observations of the KVPU, alleging that the national legislation does not provide for mandatory and documented procedures to secure real forms of participation by workers’ and their representatives in consultations on OSH at the workplace. The Committee requests the Government to provide its comments in this respect and to provide further information on the establishment of effective procedures to ensure the implementation of the rights of workers and their representatives to be consulted on OSH matters, and to participate in measures, relating to safety and health at the workplace in accordance with the provisions of the Article.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to reply in full to the present comments in 2022.]

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

General observation of 2015. The Committee would like to draw the Government’s attention to its general observation of 2015 under this Convention, and in particular the request for information contained in paragraph 30 thereof.

Articles 3(1) and 6(2) of the Convention. All appropriate steps to ensure the effective protection of workers, in the light of available knowledge and maximum permissible doses of ionizing radiation. Protection for pregnant and breastfeeding workers. With reference to its previous comments, the Committee notes that the Government reiterates information previously provided, indicating that section 5.6 of the Standards of Radiological Safety of Ukraine of 1997 provides that the dose limit with respect to radiation workers, following the diagnosis of pregnancy should not exceed 2 mSv for the whole period of pregnancy. It also notes that section 9.6.5. of the Basic Sanitary Rules for Radiation Safety of Ukraine provide that, for pregnant workers, occupational exposure should be adapted so as to ensure that the dose limits set are not exceeded. Recalling that under Article 6(2) of the Convention, maximum permissible doses shall be kept under constant review in the light of current knowledge, the Committee refers to paragraph 33 of its general observation of 2015, which indicates that the methods of protection at work for women who are pregnant should provide a level of protection for the embryo/foetus broadly similar to that provided for members of the public (the annual effective dose limit for members of the public is 1 mSv b). The Committee requests the Government to provide information on measures taken to review the maximum permissible dose established for workers who are pregnant, in light of current knowledge.

Article 8. Dose limits for workers not directly engaged in radiation work. The Committee once again notes the Government’s indication that the effective dose for individuals who do not work with sources of ionizing radiation, but who may be exposed to additional radiation because their workplace is situated on premises, or on an industrial site, where radiological or nuclear technology is used, must not exceed 2 mSv per year. The Committee recalls that, pursuant to Article 8 of the Convention, appropriate levels shall be fixed in accordance with Article 6 for workers who are not directly engaged in radiation work, but who remain or pass where they may be exposed to ionizing radiation or radioactive substances. It refers in this regard to paragraph 14 of the general observation of 2015, which indicates that the annual effect dose limit for this category of workers should be 1 mSv. The Committee reiterates its request that the Government indicate the measures taken or envisaged to review the maximum permissible dose established for workers not directly engaged in radiation work.

Article 10. Requirement of the notification of work involving exposure of workers to ionizing radiation. The Committee notes the Government’s reference to section 4 of the Act on Protection of People from Ionizing Radiation, in reply to the Committee’s previous request on the application of Article 10 of the Convention. Section 4 states that citizens have the right to get information as to levels of human exposure and measures of protection against the impact of ionizing radiation at their places of work and homes, from the respective state bodies responsible for human protection against the impact of ionizing radiation. The Committee recalls that, pursuant to Article 10 of the Convention, laws or regulations shall require the notification in a manner prescribed of work involving exposure of workers to ionizing radiations in the course of their work. It observes in this regard that section 4 of the Act on Protection of People from Ionizing Radiation refers to a right to information, but does not prescribe notification. Accordingly, the Committee requests the Government to provide information on the laws or regulations requiring the notification to workers of work involving exposure to ionizing radiations in conformity with Article 10.

Application in practice. Noting an absence of information on this point in the Government’s report, the Committee reiterates its request that the Government give a general appreciation of the manner in which the Convention is applied in practice in the country, including the number and nature of contraventions reported, the number and cause of accidents recorded and the measures taken to remedy them, and information on the individual protective equipment allocated to workers.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 3 of the Convention. Policy on safety and health in mines. The Committee notes the Government’s indication in its report, in response to the Committee’s request, concerning the measures taken in the framework of the 2011–15 programme for improving occupational safety in coal mining and mine construction enterprises, the applicable legal provisions concerning occupational safety and health (OSH) in mines, as well as the guidance document entitled “The System for Operational and Occupational Safety Management of the Coal Sector in Ukraine”. The Committee also notes that the Government is working with the ILO to improve OSH and mining safety. In this regard, it notes that one of the expected outputs of the EU–ILO Project “Enhancing the Labour Administration Capacity to Improve Working Conditions and Tackle Undeclared Work” is to provide a set of recommendations to align the national legislation on OSH with EU and ILO standards. The Committee also notes the training provided, with ILO assistance, to workers in mines in 2018. However, the Committee also notes that the Government has not provided the requested information on the outcome of consultations held with the most representative organizations of employers or workers on OSH in mines. The Committee requests the Government to provide further information on the activities undertaken, including in the context of ILO assistance, concerning safety and health in mines. The Committee also once again requests the Government to provide information on the consultations held with the most representative organizations of employers and workers in the carrying out and periodic review of a coherent policy on safety and health in mines, including the outcome of such consultations.

Articles 4 and 5(2)(f). National laws and regulations giving effect to the Convention. Rights of workers and their representatives to be consulted and to participate as regards OSH matters. The Committee notes that the Government provides the text of the Safety Regulations in Coal Mines, as requested by the Committee, which according to the Government is the most important legislation as regards OSH in mines. The Committee notes that these Regulations contain detailed provisions on safety precautions, but do not contain any specific provisions on the consultation or participation of workers. The Committee also notes the Government’s indication that there are currently around 800 OSH laws and regulations in the coal sector. In this respect, the Committee notes the Government’s reference, in response to the Committee’s request, to collective agreements to be concluded at the enterprise level, which according to the Government provide that workers or their representatives are provided with information on OSH, are consulted with regard to decisions affecting their interests with a view to enabling their participation in joint decision-making as well as the establishment and implementation of measures relating to OSH. The Committee recalls that, in accordance with Articles 4(1) and (2)(f) of the Convention, the establishment of effective procedures to ensure the implementation of the rights of workers and their representatives to be consulted and to participate in measures relating to safety and health at the workplace shall be provided for in laws and regulations. The Committee requests the Government to indicate any specific legislative or regulatory provisions establishing such procedures, and if no such provisions have been adopted, to take the necessary measures to ensure their adoption in their near future. In the meantime, the Committee requests the Government to indicate the number of mines in which collective agreements have been concluded which provide for the rights of consultation and participation of workers and their representatives in OSH matters.

Article 6. Employers’ obligations to eliminate or minimize risks. The Committee notes the Government’s indication, in response to its previous request, concerning the obligations of employers to ensure that an OSH management system is in place. In this regard, the Committee notes that section 13 of the OSH Act provides that employers shall maintain a system of safety management, which includes their obligation to eliminate the causes of occupational accidents and occupational diseases and implement preventive measures, organize occupational safety audits, assess working conditions and evaluate technical conditions of equipment and facilities. The Committee takes note of this information.

Article 12. Responsibilities of the employer in charge of the mine when two or more employers undertake activities at the same mine. Following its previous comments, the Committee notes that under section IV(3) of the Safety Regulations in Coal Mines, on accident prevention, the director of the mine shall keep a record of all persons entering and exiting the mine and is responsible for establishing mechanisms for registration in this respect, as well as, in cases of accidents, for identifying any persons who did not exit the mine and taking steps to find them. The Committee urges that Government to take measures to ensure that whenever two or more employers undertake activities at the same mine, the employer in charge of the mine shall coordinate the implementation of all measures concerning the safety and health of workers and shall be held primarily responsible for the safety of the operations. It requests the Government to provide information on the measures taken in this respect.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Articles 5(1) and 16 of the Convention. Supervision of safety and health in mines, corrective measures and enforcement. The Committee notes that the State Labour Service (SLS) was created in 2014 and has assumed the functions of the former State Service of Mining Supervision. In this respect, the Committee refers its comments made this year under the Labour Inspection Convention, 1947 (No. 81), and the Inspection (Agriculture) Convention, 1969 (No. 129), concerning several restrictions on the powers of labour inspectors. The Committee notes that during the discussions in the Conference Committee on the Application of Standards on the application of Conventions Nos 81 and 129 by Ukraine in 2017 and 2018, some speakers indicated that the moratorium on labour inspection had particularly affected workers in mines, and that although inspections in mines had increased following a serious mining incident in March 2017 in western Ukraine (in which eight mining workers died and more than 20 were seriously injured), no information was available on the measures taken as a result of the great number of violations of safety and health standards in mines. The Committee also notes the information of 2016 contained in the observations made by the Confederation of Free Trade Unions of Ukraine (KVPU) on the application of the Protection of Wages Convention, 1949 (No. 95) received 31 August 2018, that the level of injuries at coal mining workplaces had increased by 40 per cent and the rate of fatal injuries had risen by 2.5 per cent. The Committee notes from the information provided by the Government to the ILO that in 2017, mining accounted for 18.9 per cent of the country’s work-related accidents, with 936 people were injured and 33 killed. Referring to its comment under Conventions Nos 81 and 129, the Committee requests the Government to provide information on the number of inspections undertaken in mines, the number of non-compliance issues detected and the issues to which they relate, as well as the remedial measures ordered and penalties imposed.

Articles 5(2)(c) and (d), 7 and 10(d). Procedures for investigating fatal and serious accidents and the compilation and publication of statistics. Appropriate remedial measures and measures taken to prevent future accidents by employers as a result of investigations. In its previous comment, the Committee noted that, in 2012, 3,654 workers were injured in mining accidents resulting in 125 deaths, and that 78.5 per cent of these accidents were due to organizational factors, 11.7 per cent to technical reasons and 9.8 per cent to psychological and other reasons. The Committee notes from the statistics on mining accidents provided by the Government in response to the Committee’s previous request that in 2014, in coal mines there were 2,034 occupational accidents with 99 fatalities, and in metal and non-metal mines, 220 work accidents, with 12 fatalities. The Committee also notes the information provided by the Government, in response to the Committee’s previous request concerning the procedure for the investigation of accidents, about the procedure for investigating and reporting accidents, occupational diseases and industrial incidents in the workplace, approved by Decision No. 1232 of the Cabinet of Ministers of 2011, which includes the obligation of employers to investigate accidents, analyse their causes and take measures to prevent future accidents. The Government also indicates that the State Labour Service undertakes a special investigation in the event of a fatal or serious accident, a group accident (an accident involving two or more people simultaneously), the disappearance of a worker while carrying out his or her duties, or the death of a worker in the workplace. However, the Committee notes that the Government has not provided the requested information on the measures taken to address the causes of accidents and the results of these measures. Since such information has not been provided, the Committee once again requests the Government to provide: (i) detailed information on the outcome of the procedures to investigate fatal and serious accidents, dangerous occurrences and disasters; (ii) information in relation to the various factors (organizational, technical and psychological) identified as causing these accidents; and (iii) information on the measures taken to address these causes and their results, including any corrective safety and health measures taken or contemplated. The Committee also requests the Government to continue to provide information on the incidence of occupational accidents, including fatal accidents, and also provide information on occupational diseases and dangerous occurrences.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the information provided by the Government in reply to its previous requests concerning Articles, 6, 9 and 11.

Application in practice. The Committee notes the statistical information provided by the Government from the State Committee for Industrial Safety, Occupational Safety and Health and Mining Supervision. These figures indicate that, between 2009 and 2013, accidents involving moving parts or components were the fourth leading cause of fatal occupational injuries, causing approximately 14 per cent of fatal injuries over this period. The Committee requests the Government to provide information on measures taken to reduce the number of workplace accidents and fatalities caused by machinery and on the impact of these measures. It further requests the Government to continue to provide statistical information on the application of the Convention in practice, including the number, nature and cause of accidents reported.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 4 of the Convention. Applicable laws and regulations. The Committee previously noted that the Sanitary Rules for the Food Trade Enterprises, SanPiN 5781-91 of 16 April 1991 partially gave effect to Articles 7–14 and 16 of the Convention with regard to working conditions in food trade establishments. It requested the Government to specify the provisions of laws and regulations which gave effect to Articles 7–14 and 16 in relation to the protection of workers in trading establishments other than food trade enterprises and in establishments, institutions and administrative services in which workers are mainly engaged in office work.

The Committee notes the Government’s statement that the occupational safety and health of office workers is covered by the Labour Code and the Labour Protection Act of Ukraine. The Government refers in this regard to sections 153 of the Labour Code and section 6 of the Labour Protection Act, which provide that all enterprises must create safe and healthy working conditions. Pursuant to these sections, working conditions, technological processes, machines, equipment and other means of production, protective equipment and hygiene conditions must comply with the legal requirements. The Committee observes that the provisions referenced by the Government are of a general nature. The Committee requests the Government to provide information on the specific measures taken to give effect to the following Articles of the Convention with respect to commercial establishments other than food trade establishments and office workers, indicating the relevant legal provisions: Article 7 (proper maintenance and cleaning of premises); Article 8 (ventilation); Article 9 (sufficient and suitable lighting); Article 10 (comfortable and steady temperature); Article 11 (layout of workplaces and work stations); Article 13 (sufficient and suitable washing facilities and sanitary conveniences); Article 14 (sufficient and suitable seats); and Article 16 (underground or windowless premises).

Article 12. Supply of wholesome drinking water to workers. The Committee notes that section 166 of the Labour Code provides that workers in hazardous working conditions shall be provided with milk and other preventive nutrition, and persons working in hot working environments and industrial sites shall be provided with water. However, the Committee observes that the Labour Code does not appear to provide for the supply of wholesome drinking water to workers who are mainly engaged in commerce or office work. The Committee requests the Government to provide information on the measures taken or envisaged with a view to ensuring that a sufficient supply of wholesome drinking water, or of some other wholesome drink, is made available to workers covered by the Convention.

Application in practice. The Committee requests the Government to provide information on the manner in which the Convention is applied in practice, for example by supplying extracts from inspection reports and, where such information exists, the number of workers covered by the legislation; the number and nature of the contraventions reported; and the number, nature and cause of accidents and diseases reported.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Articles 1(1) and 6(a) of the Convention. Periodic determination of carcinogenic substances and agents and consultations with the most representative organizations of employers and workers concerned. The Committee notes the list of carcinogenic substances, products, production processes and environmental factors, adopted pursuant to Ministerial Order No. 7 of 2006 of the Ministry of Health, which replaced the previous list that had been adopted in 1997. The Committee also notes the indication in the Government’s report that the Ministry of Health has drafted a Decree entitled “List of carcinogenic agents that are completely prohibited, or permitted for controlled use in the Ukraine”. This Decree is in the process of being approved by the central executive authorities. The Committee requests the Government to provide a copy of the Decree containing the abovementioned list, once it is adopted, and to indicate the measures taken to periodically update this list. The Committee also requests the Government to provide information on consultations held with the most representative organizations of employers and workers concerned in this regard, in accordance with Article 6(a) of the Convention.

Article 2. Replacement of carcinogenic substances and agents. The Committee notes that section 2.2 of Ministerial Order No. 7 of 2006 states that if the complete elimination of human contact with carcinogenic factors is not possible, priority should be on their replacement with less carcinogenic substances. However, the Committee also notes the Government’s statement in its report that it has not taken measures to replace any carcinogenic substances or agents with non-carcinogenic or less carcinogenic substances, owing to a lack of appropriate funding and the absence of a competent executive authority. Taking due note of the Government’s indication of the difficulties encountered, the Committee requests the Government to pursue its efforts towards the replacement of carcinogenic substances or agents to which workers may be exposed in the course of their work with non-carcinogenic, or less harmful, substances or agents.

Article 3. Measures taken to protect workers against the risks of exposure to carcinogenic substances or agents and establishment of a system of records. 1. Protection of workers. The Committee notes the Government’s statement that the Institute of Occupational Medicine of the National Academy of Medical Sciences has carried out various scientific studies on the protection of workers from the risks of carcinogenic substances and agents, including studies evaluating the risk of cancer in industrial workers in the country’s main economic sectors and on a system to prevent occupational cancer among health workers. The Government indicates that on the basis of this research, several recommendations were introduced into the national health system, including a methodological recommendation on preventing cancer among workers in industries where there is a high risk of cancer. The Committee requests the Government to continue to provide information on measures taken to protect workers against the risks of exposure to carcinogenic substances or agents, as well as information on the impact of these measures.

2. Record keeping. The Committee once again notes the Government’s indication that a system has not been established to register the number of workers exposed to carcinogenic substances. It reminds the Government that the system of records for the prevention and control of occupational cancer consists of keeping records of exposure and of medical examinations so that, as years go by, it is possible to assess the effectiveness of preventive measures and to identify remaining and/or new dangers. The Committee requests the Government to take the necessary measures to establish an appropriate system of records at the national level with respect to workers exposed to carcinogenic substances, and to provide information on the measures taken in this regard.

Article 4. Providing workers with information on the dangers involved and the measures to be taken when exposed to carcinogenic substances or agents. The Committee previously noted that, pursuant to section 5 of the Labour Protection Act, an employer must, when entering into an employment contract, inform an employee of the presence of any hazardous or harmful factors in their workplace that have not been eliminated.

The Committee notes the Government’s statement in its present report that when periodic medical examinations are carried out, workers are informed of the work factors related to the undertaking of medical examinations, as well as the state of their health based on the results of the examination and recommendations concerning their future fitness for work. The Government also indicates that in April 2014, the Ministry of Health issued a decree approving the Health Classification of Occupations, based on indicators for harmful and hazardous factors in the industrial environment, including an assessment of airborne carcinogens in the workplace. The Committee requests the Government to provide further information on the Health Classification of Occupations, indicating how this contributes to ensuring that workers who have been, or are likely to be, exposed to carcinogenic substances or agents are provided with the relevant information. It also requests the Government to continue to provide information on other measures taken to ensure that such workers are provided with relevant information on the dangers involved with such exposure, and the measures to be taken.

Article 5. Medical examinations for workers during the period of employment and thereafter. The Committee previously noted that the Ministry of Health Order No. 246 of 2007 establishes the procedure for the medical examination of workers of specific categories, identifies the groups of workers subject to medical examination, and determines the frequency and scope of these examinations.

The Committee notes the statement of the Government that medical examinations are carried out annually. The Government, however, states that cancer hazards in the workplace are not fully covered by the current Ministry of Heath Order No. 246 of 2007, as it does not require early-stage diagnosis of precancerous or cancerous diseases of target organs. Noting the Government’s statement on the incomplete coverage of the Ministry of Health Order No. 246, the Committee requests the Government to continue to provide information on the measures it is taking to ensure that workers are provided with such medical examinations during the period of employment and thereafter as are necessary to supervise their state of health in relation to occupational hazards.

Article 6(c). Inspection and application of the Convention in practice. The Committee notes the Government’s statement that no information is available on legal cases or decisions on the application of the Convention. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in the country, including relevant extracts from inspection reports, information on the number of workers covered by the legislation and any available statistical information on the number and cause of cases of occupational diseases reported.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the information provided by the Government in reply to its previous requests concerning Article 13 (accident reporting); 15 (emergency plans and procedures); 16(a) (dissemination of information on the safety measures to be taken in the event of a major accident); and 21 (obligations of workers) of the Convention.

Article 4. National policy concerning the protection of workers, the public and the environment against the risk of major accidents. The Committee notes the Government’s statement that, pursuant to Act No. 4909-VI, a national programme was adopted to protect the population from man-made and natural emergency situations for 2013–17. The Government indicates that the programme comprises 31 priority measures to be undertaken to protect the population and territory from emergency situations, including measures to ensure the safety and emergency protection for industrial sites. The Committee requests the Government to provide further information on the national programme to protect the population from man-made and natural emergency situations, indicating how this programme aims to protect workers, the public and the environment against the risk of major accidents. Noting the indication in the Government’s report of the authorities responsible for consultations on the national programme, the Committee also requests the Government to indicate whether consultations were undertaken with the most representative organizations of employers and workers and if so, the outcome of those consultations. It further requests the Government to indicate any measures taken to periodically review the national programme, including any evaluations of the programme undertaken.

Article 5. System for the identification of major hazard installations. Consultations. The Committee previously noted that pursuant to section 9 of the Major Hazard Installations Act, the procedure to identify and record major hazard installations, which applies to all commercial entities that own or use major hazard installations, is determined by the Cabinet of Ministers, which also establishes the threshold quantities of hazardous substances which are the basis on which commercial entities must rely to determine if they must identify their installations as a major hazard.

The Committee notes the Government’s indication that the list of hazardous substances or categories of substances is contained in the “Threshold quantity standards for hazardous substances for the identification of major hazard installations”, as well the “Rules on threshold quantities of hazardous substances by category”, annexed to Cabinet Decree No. 2002956 on identifying and declaring major hazard installations. The Government indicates that this list is updated and supplemented every five years. The Committee requests the Government to provide information on the consultations held with the most representative organizations of employers and workers and other interested parties who may be affected, on the determination of the procedure to identify and record major hazard installations.

Article 6. Special provision to protect confidential information that is transmitted or otherwise made available under Articles 8, 12, 13 or 14. The Committee notes that the information provided by the Government relates to the protection of information in general. In this connection, the Committee recalls that Article 6 requires measures to specifically protect confidential information (whose disclosure would be liable to cause harm to an employer’s business) that is transmitted or made available to the competent authority in accordance with Articles 8, 12, 13 or 14 of the Convention. The Committee therefore requests the Government to provide information on measures taken to protect the confidential information supplied pursuant to Article 8 (notification requirements concerning existing and new hazardous installations), Article 12 (transmission of the safety report to the competent authority), Articles 13 and 14 (accident reporting) of the Convention. It requests the Government provide information on consultations held in this respect with the most representative organizations of employers and workers concerned, including the outcome of these consultations.

Article 9. Documented system of major hazard control, including technical and organizational preventive measures. The Committee previously noted the Government’s indication that enterprises that own or use at least one major hazard installation, or intend to commence construction of such an installation, are required to establish a documentary system of control over high-risk factors. It requested further information on measures taken to give effect to Article 9(b)–(d) and (f) of the Convention.

In relation to the application of Article 9(d), the Committee notes the Government’s indication that section 11 of the Major Hazard Installations Act provides that economic entities must prepare and adopt plans for containing and dealing with accidents for every major hazard installation they use or plan to use. Section 11 of the Act specifies that such plans shall be reviewed every five years, or less in certain circumstances, and that these plans shall be submitted to the competent authority. The Committee requests the Government to provide information on the manner in which it ensures that employers establish and maintain a documented system of major hazard control which includes provisions for technical measures (Article 9(b)); organizational measures (Article 9(c)); and consultation with workers and their representatives (Article 9(f)).

Articles 10, 11 and 12. Preparation, review, update and modification of the safety report. Transmission to the appropriate authority. The Committee notes that, pursuant to section 10 of the Major Hazard Installations Act, commercial entities must prepare and submit a safety declaration to the local authority. Section 10 also states that the contents of the safety declaration shall be established by the Cabinet of Ministers. The Committee notes from the indications provided by the Government in its previous and present reports that the safety declaration reflects the requirements of Article 9(a), (d) and (e). The Committee requests the Government to provide further information on the contents of the safety declaration that must be submitted pursuant to section 10 of the Major Hazard Installation Act, indicating if the safety declaration must also contain information on the subjects outlined in Article 9(b), (c) and (f) of the Convention. It requests the Government to provide a copy of any regulations adopted concerning the content and process for preparing such a safety declaration.

Article 18(2). Right of representatives of employers and workers to accompany inspectors. In the absence of information from the Government in this respect, the Committee, once again, requests the Government to indicate any measures taken or envisaged to ensure that representatives of workers operating in all types of major hazard installations, not only in mines, have the opportunity to accompany inspectors supervising the application of the measures prescribed in the Convention, unless the inspectors consider that this may be prejudicial to the performance of their duties.

Article 20(f). Right of workers and their representatives to discuss any potential hazards with the employer and to notify the competent authority. The Committee notes that, pursuant to section 16 of the Labour Protection Act, an occupational safety and health committee may be established in an enterprise by a decision of the workforce. It also notes the Government’s indication that pursuant to section 15 of the Major Hazard Installations Act, legal and natural persons are entitled, in a manner established by law, to collect information on the safety of major hazard installations and submit it to the relevant authorities if they know, or have reason to believe that such information relates to violations of the law. The Committee requests the Government to provide information on how, with respect to workplaces where no occupational safety and health committee has been established, it is ensured that workers and their representatives have the opportunity to discuss with the employer any potential hazards they consider capable of generating a major accident. The Committee also requests the Government to provide further information on the application of section 15 of the Major Hazard Installations Act in practice, indicating how it empowers workers to notify the competent authority of any potential hazards they consider capable of generating a major accident. In addition, and noting that section 15 of the Major Hazard Installations Act states that the collection and submission of information to relevant authorities shall be done “in a manner established by law”, the Committee requests the Government to indicate if any procedures have been established in national legislation in this regard.

Article 22. Responsibility of exporting States. The Committee notes that the information provided by the Government in relation to Article 22 of the Convention relates to transboundary accidents, and does not relate to any hazardous substances, technologies or processes that are prohibited in Ukraine as a potential source of a major accident, but that may be exported to another country. The Committee requests the Government to indicate whether it exports any substances, technologies or processes, the use of which is prohibited as potential sources of a major accident, and if so, to indicate the measures taken to give effect to Article 22 of the Convention.

Application in practice. The Committee requests the Government to continue to provide a general appreciation of the manner in which the Convention is applied in practice, and in particular to provide any data available on the number of workers covered by the measures giving effect to the Convention, the number and nature of the infringements reported, and the number, nature and cause of accidents reported concerning major hazard installations.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 2 of the Convention. Formulation, implementation and periodic review of a national policy on occupational health services. The Committee previously noted the Government’s indication that the dismantling, since 1990, of the traditional system for medical support for workers employed in enterprises with harmful and hazardous working conditions had led to high levels of occupational morbidity, related disabilities and frequent cases of sudden death.

The Committee notes the Government’s statement in its present report that the State Health and Epidemiology Service contributes to the formulation of the state policy on health and the epidemiological well-being of the population, and is responsible for the implementation of that policy. The Committee requests the Government to provide information on the manner in which the state policy on health and the epidemiological well-being of the population addresses the subject of occupational health services, and to provide information on the consultations undertaken with the most representative organizations of employers and workers in this regard.

Articles 3(1), 5 and 7. Organization and functions of the occupational health service. The Committee previously noted that occupational health services are provided by labour protection services established by the employer, in enterprises with 50 or more workers, as well as by appropriately trained persons in undertakings with less than 50 workers.

The Committee notes that, pursuant to section 15 of the Labour Protection Act, labour protection services must be in accordance with standard regulations approved by the central executive body. In this regard, the Government indicates that a national sectoral standard has been prepared on occupational health services in enterprises with high levels of occupational risk. This standard contains provisions on the organization of occupational health services, the tasks of these services, the organization and implementation of preventive medical examinations and regular examinations for workers, and on first aid stations and emergency care. The Government indicates that the standard is in the process of being approved. The Committee requests the Government to continue to provide information on the measures taken to ensure adequate and appropriate occupational health services in high-risk enterprises and to provide a copy of the abovementioned national sectoral standard, once approved. The Committee also requests the Government to provide information on measures taken to provide occupational health services, performing the functions outlined in Article 5(a)–(k) of the Convention, in non-high-risk enterprises, including any regulations adopted in this regard.

Article 4. Consultation of the most representative organizations of employers and workers on the measures taken to give effect to the Convention. The Committee notes the Government’s indication that consultations are held with the most representative employers’ and workers’ organizations when new normative acts on occupational medicine issues are being developed, and that the last document prepared with the participation of employer representatives was adopted in April 2014. The Committee requests the Government to provide information on the consultations undertaken with the most representative organizations of employers and workers on measures taken to give effect to the Convention, including on the standard on occupational health services in enterprises with high levels of occupational risk.

Article 8. Cooperation between the employers, the workers and their representatives. The Committee notes the Government’s statement that one of the tasks of the occupational health service is to carry out consultative work on organizing preventative measures in enterprises with the aim of safeguarding workers’ health, and that consultation services are provided to owners of enterprises and workers and their representatives. The Committee also notes the Government’s statement that each year, the administration and representatives of workers at enterprises jointly prepare a comprehensive dust elimination plan, and a plan to improve working conditions, along with hygiene and health improvement measures, which are agreed upon with the regional health epidemiology service. The Committee requests the Government to continue to provide information on cooperation between employers and workers and their representatives in the implementation of measures relating to occupational health services.

Article 9(2). Cooperation of the health services with other services in the enterprise. The Committee requests the Government to specify the composition of personnel within labour protection services established pursuant to section 15 of the Labour Protection Act.

Article 10. Full professional independence of health services personnel. The Committee notes that, pursuant to section 15 of the Labour Protection Act, the labour protection service established in the enterprise reports directly to the employer. The Committee requests the Government to provide information on the manner in which it ensures the full professional independence of the personnel providing occupational health services from employers and workers and their representatives.

Article 12. No loss of earnings for workers in the process of the surveillance of their health. The Committee notes that section 17 of the Labour Protection Act provides that employers must provide the funding for preliminary and periodic medical examinations for workers engaged in heavy, hazardous or dangerous work. Section 17 also provides that workers undergoing medical examinations must be paid their standard wage. The Committee requests the Government to provide information on any measures taken to ensure that, as far as possible, medical surveillance undertaken pursuant to section 17 of the Labour Protection Act takes place during working hours. The Committee also requests the Government to provide information on medical surveillance of workers’ health in relation to workers not engaged in heavy, hazardous or dangerous work.

Article 14. Information to be provided to the occupational health services of any factors which may affect workers’ health. The Committee requests the Government to indicate the measures taken or envisaged to ensure that occupational health services are informed of any factors in the working environment which may affect workers’ health.

Article 15. Informing occupational health services of ill health among workers and absence from work for health reasons. The Committee requests the Government to provide information on the measures taken to ensure that occupational health services are informed of occurrences of ill health among workers, and absence from work for health reasons.

Application in practice. The Committee requests the Government to provide information on the application of the Convention in practice, including the number of workers covered by occupational health services, and where available, an estimate of the number of workers without access to such occupational health services.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the Government’s first report.

Articles 4, 7 and 8. National policy on occupational safety and health. The Committee notes that section 4 of the Labour Protection Act indicates that the state’s policy on occupational safety and health is to create appropriate, safe and healthy working conditions and to prevent accidents and occupational diseases. Section 4 of the Act further outlines the general principles of this policy, particularly: a prioritization of the life and health of workers; the employer’s responsibility to create safe and healthy working conditions; the improvement of industrial safety by providing continuous technical monitoring of production, technology and products as well as providing assistance to enterprises in creating safe conditions; the handling of labour protection issues on the basis of relevant national, sectoral and regional programmes, taking into account other economic and social policy goals, scientific and technical achievements and the protection of the environment; social protection; the establishment of uniform occupational safety requirements for all enterprises and businesses; adaptation of work to the worker based on his health and psychological condition; the use of economical methods of safety management; awareness-raising and training of workers on safety matters; ensuring coordination of activities among public authorities, institutions and non-government organizations that deal with health and safety, as well as cooperation and consultation between employers and workers or their representatives; and improving occupational safety and health through international cooperation. The Committee also notes that, pursuant to section 34 of the Labour Protection Act, regulations on occupational safety are reviewed no less than once every ten years, in light of scientific and technical advances which can contribute to improvements in workers’ protection and in the working environment. The Government states that it is mandatory for bills on occupational safety and health to be agreed upon with the national workers’ and employers’ organizations. The Committee further notes the Government’s statement that, to implement the occupational safety and health policy, the National Social Programme on the Improvement of Occupational Safety and Health and the Working Environment 2014–18 was approved in 2013, which aims to comprehensively tackle occupational safety problems, create a modern healthy and safe working environment, minimize the risk of work-related injuries, cases of occupational disease and accidents in the workplace, and preserve and develop Ukraine’s labour potential. The Committee requests the Government to provide further information on the implementation and periodic review of the national policy, including information on the most recent periodic review thereof and the manner in which organizations of employers and workers were consulted and the outcomes of these consultations. In this regard, it also requests the Government to provide information on the results of any review of the national situation regarding occupational safety and health, including the identification of major problems and the methods for dealing with them.

Article 5(d). Communication and cooperation at the level of the undertaking and at all other appropriate levels. The Committee notes the Government’s indication that one of the principles of the national policy, outlined in section 4 of the Labour Protection Act is cooperation and consultation between employer and workers and their representatives and in order to put into practice decisions relating to workers’ protection at the local as well as the national level. The Committee requests the Government to provide specific information on the manner in which communication and cooperation at the level of the undertaking and all other appropriate levels is ensured in practice.

Article 5(e). Protection of workers and their representatives from disciplinary measures for actions properly taken in conformity with the policy. The Committee notes the information provided in the Government’s report related to workers who remove themselves from situations that may be hazardous to their life or health. However, the Committee notes that the Government’s report does not refer to any provisions which clearly establishes protection of workers, or their representatives, from disciplinary measures as a result of actions properly taken by them in conformity with the policy on occupational safety and health (OSH). The Committee therefore requests the Government to indicate the measures taken, in law and in practice, to ensure the protection of workers and their representatives from disciplinary action for actions properly taken in conformity with national policy.

Article 9(1). Labour inspection. The Committee notes that pursuant to the Statute of the State Service of Ukraine on Labour Issues, a new State Labour Service was established in 2014, which is responsible for, among others, the implementation of state policy in the field of industrial safety, labour protection and occupational health. Pursuant to section 4(13) of the Statute, the State Labour Service is responsible for supervision in the field of occupational health. Noting that the Government is availing itself of ILO assistance to reform the State Labour Service, the Committee requests the Government to provide information on the measures taken to strengthen its labour inspection system and to enforce the laws and regulations concerning OSH, as well as on the results obtained.

Article 9(2). Adequate penalties for violations. The Committee notes that pursuant to section 43 of the Labour Protection Act, legal and natural persons who violate occupational safety legislation and directives by officials of government bodies overseeing occupational safety can be ordered by the Government authorities overseeing occupational safety to pay a fine for an amount specified by law. The Committee requests the Government to provide information on the application of penalties with respect to violations for occupational safety and health, including information on the number and nature of penalties imposed, as well as the violations to which such penalties relate.

Article 12. Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee notes that section 15 of the Law on Ensuring Sanitary and Epidemic Safety of the Population states that enterprises and institutions shall be required to comply with the requirements of the sanitary legislation in the course of development of new technologies, and that section 16 of the Law states that enterprises, institutions and organizations may bring products and equipment into the country only if there is available information on their safety and health. The Committee also notes the Government’s statement that the Compliance Confirmation Act (No. 2406-III of 17 May 2011) provides that a producer should: help to undertake all procedures to confirm the compliance of specific types of products; compensate customers for products which cause harm if the products are found not to conform to the requirements mentioned in the declaration and/or certificate or document of conformity; and, at the request of bodies so empowered under national law, to check product quality and safety. The Committee requests the Government to provide further information on the requirements in national legislation for those who manufacture, import, provide or transfer machinery, equipment or substances for occupational use with respect to ensuring that such machinery, equipment or substance does not entail dangers to safety and health (Article 12(a)). The Committee also requests the Government to provide detailed information, including references to specific legislative provisions, on the measures taken to ensure that those who design, manufacture, import, provide or transfer machinery or equipment for occupational use make available information on its correct installation and use (Article 12(b)).

Articles 13 and 19(f). Protection of workers who remove themselves from work situations presenting an imminent and serious danger. The Committee notes that pursuant to section 6 of the Labour Protection Act, a worker is entitled to refuse assigned work if the situation in the production process is dangerous to life or health or to other persons in the working environment. The worker shall immediately notify the supervisor or employer and the situation must be confirmed by workers’ protection experts of the employer with the participation of a trade union representative, on the understanding that in the event of a divergence of opinion an appeal shall be lodged. Section 6 of the Act further states that in the event of a work stoppage, where the worker is not at fault, the worker shall retain the right to his average wage. The Committee recalls that, pursuant to Articles 13 and 19(f) of the Convention, the right of a worker to remove themselves should not be conditional on a decision by a workers’ protection expert. Moreover, noting that a worker only retains the right to their wage where the worker is not at fault, the Committee recalls that Article 13 provides a right for a worker to remove themselves in any situation in which the worker has reasonable justification to believe presents an imminent and serious danger to his life or health. In addition, the Committee recalls that the protection contained in Article 13 relates to all undue consequences, not only to the payment of wages. Accordingly, the Committee requests the Government to take the necessary measures to ensure that full effect is given to Article 13 of the Convention, in ensuring that workers who remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health shall be protected from undue consequences. It requests the Government to provide information on the measures taken in this regard, in its next report.

Article 15. Arrangements, made after consultations with representative employers’ and workers’ organizations, to ensure the necessary coordination between various authorities and bodies. The Committee notes that one of the principles of the national policy, outlined in section 4 of the Labour Protection Act, is the coordination of the activities of government authorities, institutions, organizations and civil society associations tackling issues of occupational safety and health. It notes the Government’s statement that, pursuant to section 32 of the Labour Protection Act, the Cabinet of Ministers directs and coordinates the activities of ministries and other central government authorities to bring about safe and healthy working conditions. The Committee further notes the statement in the National Occupational Safety and Health Profile of Ukraine, developed in 2012, that there was imperfection with respect to cooperation between various occupational safety and health state surveillance and control authorities and distribution of their authority. The Committee requests the Government to provide further information on existing and envisaged measures to ensure coordination between the bodies and authorities working on occupational safety and health issues.

Article 18. Specific provisions containing measures to deal with emergencies and accidents, including adequate first-aid arrangements. The Committee notes that section 18 of the Labour Protection Act provides that employees should receive training on safety, the provision of first aid to victims of accidents and rules in the event of an accident. It also notes that section 13 of the Labour Protection Act provides that an employer shall, in emergency situations or in the event of an accident, take the necessary measures to help the victims and call upon, if necessary, professional rescue teams. The Committee requests the Government to provide further information on the measures taken or envisaged to require employers, where necessary, to deal with emergencies and accidents, including to provide for adequate first-aid arrangements.

Application in practice. The Committee notes the information provided by the Government related to the investigation of occupational diseases and work-related injuries in the workplace by the State Health and Disease Control Service. The Government indicates that 23,095 workplaces were inspected by that service in 2013, and 3,755 managers were given administrative offences. The Committee notes the Government’s statement that 4,578 cases of occupational illness were recorded in 2011, 5,158 in 2012 and 5,486 in 2013. The Committee requests the Government to provide further information on the manner in which the Convention is applied in the country in practice, including to provide information on the number, nature and cause of the accidents and cases of occupational disease reported.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Legislation. The Committee notes the adoption in 2013 of Regulation NPAOP 10.0-5.45-13 on “Instructions on preventing and localizing coal dust explosions” and Regulation NPAOP 0.00-1.66-13 on “Security regulations for handling explosive materials for industrial applications”.

Article 3 of the Convention. Policy on safety and health in mines. Further to its previous comment, the Committee notes from the Government’s report that under the National Social Programme on the improvement of Occupational Safety, Health and the Working Environment for 2014–18, a number of specific targets and implementing measures have been set for the mining sector, namely harmonizing national provisions with international and EU law requirements; improving working and health conditions; and preventing risks of work-related injuries and occupational diseases and accidents through the elaboration of recommendations and support to scientific and technical research in various fields. The Committee also notes the Government’s indication that regulations on occupational safety and health (OSH) are reviewed no less than once every ten years by the State Service for Mining Supervision (SSMS) with the participation of workers’ and employers’ organizations and the Social Accident Insurance Fund (SAIF). The Committee requests the Government to indicate the outcome of the consultations held with the most representative organizations of employers and workers, and to provide information on any concrete measures taken to implement the National Social Programme, and the results thereof.

Article 5(2)(f). Rights of workers and their representatives to be consulted and to participate as regards OSH matters. In reply to the Committee’s previous comment in which it noted the lack of information on the effect given to Article 5(2)(f) of the Convention, the Government indicates that Resolution No. 1232 of the Cabinet of Ministers of Ukraine of 30 November 2011 establishes procedures for the participation of workers in investigating accidents. The Committee recalls that Article 5(2)(f) has a broader scope as it requires the establishment of effective procedures to ensure the implementation of the rights of workers and their representatives to be consulted on matters and to participate in measures relating to safety and health at the workplace. The Committee requests the Government to indicate the legal provisions or other measures which ensure that workers and their representatives have a right to be consulted on matters and to participate in measures relating to safety and health.

Article 6. Employers’ obligations to eliminate or minimize risks. Further to its previous comment, the Committee notes the Government’s indication that under section IV of the Safety Regulations in Coal Mines (No. 398/17693 of 17 June 2010), each workplace shall have technological project documentation which contains the set of technical and health and safety measures relating to the protection of workers’ health by preventing or limiting the adverse effects of hazardous and harmful production factors, thereby decreasing the risk of developing occupational and work-related diseases. However, it notes that the report does not contain information as to the order of priority in which employers shall assess and address occupational risks. The Committee requests the Government to indicate the measures taken to ensure that in developing preventive and protective measures, employers assess and address risks in accordance with the order of priority prescribed by this Article of the Convention.

Article 10(c) and (d). Investigation and report on accidents and dangerous occurrences. Article 12. Responsibilities of the employer in charge of the mine when two or more employers undertake activities at the same mine. Further to its previous comment, the Committee notes from the Government’s report that under section IV of the Safety Regulations in Coal Mines, the director of the mine shall keep a record of all persons entering and exiting the mine and that pursuant to section 22 of the Labour Protection Act and Resolution No. 1232, a procedure has been established to register and investigate accidents and emergencies. The Government also indicates that under section IV of the Safety Regulations and section 44 of the Labour Protection Act, the owner of the mine assumes primary responsibility for the safety of operations, when two or more employers undertake activities at the same mine. The Committee requests the Government to supply a copy of the Safety Regulations in Coal Mines.

[The Government is asked to reply in detail to the present comments in 2016.]

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 4(1) of the Convention. Coherent national policy on safety and health in agriculture. The Committee notes the adoption of the National Social Programme on the improvement of occupational safety, health and the working environment for 2014–18 which sets out the overall aim of creating a safe and healthy working environment while minimizing the risks of work-related accidents and occupational diseases. However, it notes that the report contains no information on the content of this Programme, in particular on any measures aimed at improving occupational safety and health in agriculture. With reference to its previous comment, the Committee requests once again the Government to provide further information on specific measures implemented in the agricultural working environment to prevent accidents and injury to health arising from, linked with, or occurring in the course of work, and to eliminate, minimize or control hazards, and the results thereof.

Article 6(2). Cooperation between two or more employers in an agricultural workplace. Noting the Government’s indication that the national legislation does not regulate the relationship between employers undertaking activities in the same workplace, the Committee requests the Government to take all the necessary measures, in law and in practice, to establish a duty to cooperate in applying safety and health requirements, where two or more employers undertake activities in the same agricultural workplace.

Article 7(c). Immediate steps to stop any operation where there is imminent and serious danger. The Committee notes that the procedure referred to in the Government’s report concerning the suspension of operations ordered by an administrative court does not give effect to Article 7(c) of the Convention, under which national laws or regulations or the competent authority shall provide, taking into account the size of the undertaking and the nature of its activity, that employers shall take immediate steps to stop any operation where there is an imminent and serious danger to safety and health, and to evacuate workers as appropriate. The Committee requests the Government to take all necessary measures to ensure the application of this provision, in law and in practice, and to provide information on progress made in this regard.

Article 8(1)(b). Right of workers to select safety and health representatives and to participate in the application and review of safety measures. The Committee notes that the Government refers to section 42 of the Occupational Safety and Health Act according to which authorized employees have a right to supervise the application of safety and health requirements in the undertaking and to make proposals to the employers to remedy violations. The Committee notes however that this provision does not indicate how these authorized employees are designated. It further notes that the Government also refers to the Model Regulations on the activities of authorized safety representatives. The Committee requests the Government to provide information on the manner in which authorized employees, referred to in section 42 of the Occupational Safety and Health Act, are selected and on their functions and rights in the undertaking. It also requests the Government to communicate a copy of the Model Regulations on the activities of authorized safety representatives.

Article 9(2). Machinery safety and ergonomics. Manufacturers, importers and suppliers. Further to its previous comment, the Committee notes from the Government’s report that the Act on the general safety of non-food products establishes safety rules and prescribes inspection procedures for non-food products put into circulation in the country. According to the Government’s report, this Act applies to all non-food products for which there are no technical regulations on safety, with the exception of specific products listed under section 2.3. The Committee requests the Government to provide detailed information on any provisions of the Act or other provisions prescribing that manufacturers, importers and suppliers shall provide adequate and appropriate information, including hazard warning signs, in the official language of Ukraine, to users and, on request, to the competent authority. It also requests the Government to specify the non-food products to which the Act does not apply and to supply a copy of the Act on the general safety of non-food products.

Article 10. Use of agricultural machinery and equipment only for work for which they are designed and their operation by trained and competent persons. In its report, the Government refers to section 21 of the Occupational Safety and Health Act concerning compliance with the safety requirements in the design, construction and reconstruction of workplaces, machinery and other means of production. The Committee notes however that this provision does not provide for the specific prescriptions of Article 10, that is, that machinery and equipment shall only be used for work for which they are designed and be operated by trained and competent persons. The Committee further notes that the Government also refers to the Model Regulations on the procedure for training and testing on safety. The Committee requests the Government to provide a copy of the Model Regulations on the procedure for training and testing on safety, and to specify the measures taken to ensure that agricultural machinery and equipment are only used under the conditions prescribed by Article 10.

Article 11. Evaluation of risks, consultation and establishment of health and safety requirements for handling and transport of materials. In reply to the Committee’s previous comment in which it noted that national provisions on weight lifting and shifting only cover young and female workers, the Government indicates that a draft regulatory act on safety requirements for the handling of materials was to be drafted by the Institute of Labour and Socio-economic Research, for adoption in 2014. The Committee requests the Government to provide further information on steps taken to adopt the provisions establishing safety and health requirements for the handling and transport of materials, particularly manual handling, for all workers covered by the Convention, and to supply a copy of the regulatory act once it has been adopted.

Article 12(b). Sound management of chemicals. Adequate information. In reply to the Committee’s previous comment concerning adequate and appropriate information to be provided to users by those who produce, import, provide, sell, transfer, store or dispose of chemicals used in agriculture, the Government indicates that the national legislation does not contain any provision in this regard. Recalling that it is central to this Article that the information should be disseminated in such a way as to be properly understood and, bearing in mind the risk inherent in chemicals, including pesticides, the Committee requests the Government to take all necessary steps to ensure that the information is properly disseminated in the official language of Ukraine and to provide information in this regard.

Article 14. Protection against biological hazards. The Committee notes that the Government’s report does not contain information with regard to measures of protection against biological hazards. The Committee requests the Government to indicate the manner in which it is ensured, in law and in practice, that risks such as those relating to infection, allergy or poisoning are prevented or kept to a minimum when biological agents are handled.

Articles 15, 17, 19(b) and 20. The Committee notes the information provided by the Government in its report, in reply to its previous comment, regarding the effect given to Articles 15 (construction, maintenance and repairing of agricultural installations), 17 (safety and health protection for temporary and seasonal workers), 19(b) (minimum accommodation standards) and 20 (working-time arrangements). The Committee requests the Government to continue to provide information regarding the implementation in practice of these provisions.

Article 16(2) and (3). Young workers and hazardous work. Appropriate training. The Committee notes the Government’s indication that the list of hard work and work in hazardous or dangerous working conditions prohibited to young workers was approved by the Ministry of Health on 31 March 1994 (No. 46), following consultations with the social partners. The Committee also notes that the Government refers to the Model Regulations on the procedure for training and testing on safety. The Committee requests the Government to provide a copy of the list.

Article 19(a). Welfare facilities. With reference to its previous comment, the Committee notes that the Government’s report does not contain information regarding the effect given to Article 19(a). It recalls that under this Article, national laws and regulations or the competent authority shall prescribe, after consultation with representative organizations of employers and workers concerned, the provision of adequate welfare facilities at no cost to the worker. The Committee once again requests the Government to provide information on any measures, taken or envisaged, to give effect to this Article of the Convention.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

General observation of 2015. The Committee would like to draw the Government’s attention to its general observation of 2015 under this Convention, and in particular the request for information contained in paragraph 30 thereof.

Articles 3(1) and 6(2) of the Convention. All appropriate steps to ensure the effective protection of workers, in the light of available knowledge and maximum permissible doses of ionizing radiation. Protection for pregnant and breastfeeding workers. With reference to its previous comments, the Committee notes that the Government reiterates information previously provided, indicating that section 5.6 of the Standards of Radiological Safety of Ukraine of 1997 provides that the dose limit with respect to radiation workers, following the diagnosis of pregnancy should not exceed 2 mSv for the whole period of pregnancy. It also notes that section 9.6.5. of the Basic Sanitary Rules for Radiation Safety of Ukraine provide that, for pregnant workers, occupational exposure should be adapted so as to ensure that the dose limits set are not exceeded. Recalling that under Article 6(2) of the Convention, maximum permissible doses shall be kept under constant review in the light of current knowledge, the Committee refers to paragraph 33 of its general observation of 2015, which indicates that the methods of protection at work for women who are pregnant should provide a level of protection for the embryo/foetus broadly similar to that provided for members of the public (the annual effective dose limit for members of the public is 1 mSv). The Committee requests the Government to provide information on measures taken to review the maximum permissible dose established for workers who are pregnant, in light of current knowledge.

Article 8. Dose limits for workers not directly engaged in radiation work. The Committee once again notes the Government’s indication that the effective dose for individuals who do not work with sources of ionizing radiation, but who may be exposed to additional radiation because their workplace is situated on premises, or on an industrial site, where radiological or nuclear technology is used, must not exceed 2 mSv per year. The Committee recalls that, pursuant to Article 8 of the Convention, appropriate levels shall be fixed in accordance with Article 6 for workers who are not directly engaged in radiation work, but who remain or pass where they may be exposed to ionizing radiation or radioactive substances. It refers in this regard to paragraph 14 of the general observation of 2015, which indicates that the annual effect dose limit for this category of workers should be 1 mSv. The Committee reiterates its request that the Government indicate the measures taken or envisaged to review the maximum permissible dose established for workers not directly engaged in radiation work.

Article 10. Requirement of the notification of work involving exposure of workers to ionizing radiation. The Committee notes the Government’s reference to section 4 of the Act on Protection of People from Ionizing Radiation, in reply to the Committee’s previous request on the application of Article 10 of the Convention. Section 4 states that citizens have the right to get information as to levels of human exposure and measures of protection against the impact of ionizing radiation at their places of work and homes, from the respective state bodies responsible for human protection against the impact of ionizing radiation. The Committee recalls that, pursuant to Article 10 of the Convention, laws or regulations shall require the notification in a manner prescribed of work involving exposure of workers to ionizing radiations in the course of their work. It observes in this regard that section 4 of the Act on Protection of People from Ionizing Radiation refers to a right to information, but does not prescribe notification. Accordingly, the Committee requests the Government to provide information on the laws or regulations requiring the notification to workers of work involving exposure to ionizing radiations in conformity with Article 10.

Application in practice. Noting an absence of information on this point in the Government’s report, the Committee reiterates its request that the Government give a general appreciation of the manner in which the Convention is applied in practice in the country, including the number and nature of contraventions reported, the number and cause of accidents recorded and the measures taken to remedy them, and information on the individual protective equipment allocated to workers.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Articles 5(2)(c) and (d), 7, 10(a) and 16 of the Convention. Procedures for reporting and investigating fatal and serious accidents, compilation and publication of statistics, measures to be taken by employers, training and instruction, and enforcement. The Committee notes from the Government’s report that, in 2013, the State Service of Mining Supervision (SSMS) conducted 144,150 inspection visits during which inspectors identified 1,489,190 violations, issued 67,975 stop-work orders and imposed 83,278 fines. It further takes note of the statistics on occupational accidents for 2012, according to which 3,613 accidents were reported in the mining sector, of which 117 were fatal. Some 3,654 workers have been injured at the workplace and 125 of them died. According to the Government’s report, 78.5 per cent of workplace accidents were due to organizational factors, 11.7 per cent to technical reasons and 9.8 per cent to psychological and other reasons. The Committee requests the Government to provide detailed information on the application of the procedures adopted to investigate fatal and serious accidents, and the dangerous occurrences and disasters in relation to the mining sector that occurred in 2012. In particular, the Committee requests more detailed information in relation to the various factors (organizational, technical and psychological) identified as causing these accidents. The Committee further requests detailed information on any measures taken to address these causes and the results thereof. In particular, the Committee requests the Government to provide information on the application in practice of Article 10(d) of the Convention relating to the obligation of employers to ensure that all accidents are investigated and appropriate remedial action taken. While noting the information on stop-work orders and fines, the Committee requests more detailed information on any action, such as those outlined in Article 16 of the Convention, taken by the Government in relation to these accidents, including the imposition of any penalties and corrective measures, and supervision by the inspectorate. Finally, the Committee requests the Government to continue to provide detailed information on accidents, occupational diseases and dangerous occurrences, compiled in accordance with Article 5(2)(d), and information on the implementation of measures in accordance with Article 7.

[The Government is asked to reply in detail to the present comments in 2016.]

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 1 of the Convention. Periodic updating of the carcinogenic substances that are either prohibited or subject to authorization or control. The Committee notes the Government’s indication that, in 2012, work was launched for a review of the current list on the basis of the International Agency for Research of Cancer (IARC). However, it notes that according to the Government, there is currently no list, established by the Cabinet of Ministers, of carcinogenic substances or agents whose use is prohibited or restricted in the national territory. The Committee reminds the Government that the aim of such a list is to periodically determine the carcinogenic substances and agents to which occupational exposure shall be prohibited or subject to authorization or control. The Committee therefore requests the Government to adopt such a list and to ensure the determination of carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control, and to provide information in this regard.

Article 2. Replacement of carcinogenic substances and agents. The Committee requests the Government to indicate the measures adopted with a view to replacing carcinogenic substances or agents to which workers may be exposed in the course of their work, such as asbestos, by non-carcinogenic, or less harmful, substances or agents.

Article 3. Measures taken to protect workers against the risks of exposure to carcinogenic substances or agents. The Committee notes that, according to the Government’s report, workers are protected against all harmful and hazardous factors in the production environment on the basis of the relevant legal and regulatory framework (particularly the Labour Protection Act, 1992; and the Ministry of Health Order No. 246 of 21 May 2007). It also notes the Government’s indication that carcinogenic and other harmful substances in the air of work areas are subject to control by the health and epidemiological inspection services according to State Standard 2008-88 of 12 January 2008. The Government further indicates that there are nine manufacturing enterprises in the construction and petrochemical industries, employing 4,000 employees and 50,000 service personnel, which use chrysotile asbestos. According to the Government’s report, no asbestos processing enterprises exist in the country and the activities in question consist of the manufacture of asbestos cement products (pipes). Furthermore, the Committee notes that, according to the Government’s report, in the period of 2009–11, there were no cases involving occupational diseases related to work with asbestos, and that production operations fully meet the international requirements of the Asbestos Convention, 1986 (No. 162). The Committee requests the Government to continue to provide further information on the application of Article 3 with regard to asbestos and other carcinogenic substances.

Article 3. Record keeping. The Committee notes from the Government’s report that neither were special measures taken for the protection of workers against exposure to carcinogenic substances at the workplace nor was a recording system set up of the number of workers exposed to carcinogenic substances. The Government refers in this regard to a lack of funds on the part of the State or the employers as the root cause of this shortcoming. The Committee draws the Government’s attention to Paragraph 15(1) and (2), of the Occupational Cancer Recommendation, 1974 (No. 147), recommending the establishment and maintenance of a system of records by the competent authority in association with individual employers. It also reminds the Government that the system of records for the prevention and control of occupational cancer consists of keeping records of exposure and of medical examinations so that, as years go by, it is possible to assess the effectiveness of preventive measures and to identify remaining and/or new dangers. The Committee therefore requests the Government to take the necessary measures to establish an appropriate system of records at the national level in order to evaluate the different aspects of occupational cancer.

Article 4. Providing workers with information on the dangers involved and the measures to be taken when exposed to carcinogenic substances or agents. The Committee notes that section 5 of the Labour Protection Act provides for the employer’s obligation to provide information in relation to hazardous or harmful factors upon the conclusion of an employment contract. It notes however that, according to the Government’s report, in contradiction with this legal provision, due to a lack of financing, no special steps have been taken to provide workers who are, or are likely to be, exposed to carcinogenic substances or agents with available information on dangers involved and measures to be taken. The Committee requests the Government to take measures to give full effect to this Article of the Convention and to provide information in this respect.

Article 5. Medical examinations for workers during the period of employment and thereafter. The Committee notes that, according to the Government’s report, the Ministry of Health Order No. 246 of 21 May 2007 establishes the procedure for the medical examination of workers of specific categories, identifies the groups of workers subject to medical examination, and determines the frequency and scope of these examinations. The Committee requests the Government to provide information on the frequency of such examinations.

Article 6. Consultation with the most representative organizations. Responsible body and appropriate inspection system. The Committee requests the Government to take such steps as may be necessary to give effect to the provisions of this Convention in consultation with the most representative organizations of employers and workers and others concerned, and to provide information on the consultations held and the measures taken as a result of such consultations. Please also provide information on paragraphs (b) and (c) of this Article.

Parts III to V of the report form. Court decisions on questions of principles. Application in practice. Communication of a copy to representative organizations of employers and/or workers. The Committee requests the Government to supply in its next report the information requested in Parts III to V of the report form of the Convention.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Legislation. The Committee notes the Government’s first report and the annexed legislation: Presidential Decree No. 400/2011 of 6 April 2011 (in relation to the regulation of the State health and epidemiological services); Ministry of Health Order No. 33 of 23 February 2000 (in relation to staff regulations and staffing standards for health establishments, including occupational health units); Act on ensuring the population’s health and prevention of epidemics.

Articles 2, 3(1) and 4 of the Convention. Formulation, implementation and periodical review of a national policy on occupational health services in consultation with the most representative organizations of employers and workers. Progressive development of occupational health services for all workers. The Committee notes sections 1 and 4 of the Workers’ Protection Act, which underline the general principles of a national occupational safety and health (OSH) policy, such as priority of the life and health of workers; the employers’ responsibility to create safe and healthy working conditions; comprehensive handling of labour protection issues on the basis of relevant national, sectoral and regional programmes, taking into account other economic and social policy goals, scientific and technical achievements and the protection of the environment; the use of economical methods of safety management; awareness raising and training of workers on safety matters. On the other hand, the Committee also notes the preoccupations expressed by the Government, highlighting the dismantling, since 1990, of the traditional system for medical support for workers employed in enterprises with harmful and hazardous working conditions, which has led to high levels of occupational morbidity, related disabilities and frequent cases of sudden death at the workplace. The Government also points to a lack of interest among economic entities in creating safe working conditions, with employers failing to identify hazardous factors, assess the risk of occurrence of occupational diseases and take preventive measures. It further indicates that State monitoring bodies are not able to check working conditions in small enterprises, as the number of scheduled inspection of economic entities is restricted. Moreover, it adds that there is no need to set up occupational health services within the country’s public organizations. The Committee asks the Government to provide further information on the implementation and periodical review of the national policy on occupational health services. Please also provide information on the manner in which the most representative organizations of employers and workers are consulted, in accordance with Articles 2 and 4 of the Convention, and on the results of the consultations held. In addition, the Committee requests the Government to indicate the measures taken to progressively cover workers working within a harmful and hazardous environment in practice, as well as workers in small enterprises, and to specify the type of occupational health services provided to workers within public organizations.

Articles 5 and 7. Organization and functions of the occupational health service. The Committee notes from the Government’s report that occupational health services appear to be provided by the State health and epidemiological services as public authorities under the Ministry of Health, and by labour protection services established by the employer, in enterprises with 50 or more workers, as well as by appropriately trained persons in undertakings with less than 50 workers. The Committee notes the Government’s reference to the Presidential Decree No. 400/2011, which lists the different OSH functions that are carried out by the State health and epidemiological services. It however notes that the Government does not specify how it ensures that these functions are adequate and appropriate to the occupational risks of the undertaking. In addition, the Committee observes that the Government does not elaborate on the type of functions that are fulfilled by the labour protection services established by the employer. The Committee asks the Government to provide further information on the measures taken, in law and in practice, to give effect to items under Article 5, concerning both the State health and epidemiological services and the occupational health services established by the employers (labour protection service or appropriately trained person). It also asks the Government to specify the nature of occupational health services provided in enterprises with less than 50 workers.

Article 8. Cooperation between the employers, the workers and their representatives. The Committee asks the Government to indicate the measures taken to bring about the cooperation and participation, provided for in this Article, of the parties concerned.

Article 9(1)–(3). Cooperation of the health services with other services in the enterprise. The Committee notes from the Government’s report that the profession of “occupational health physician” was introduced into the national classification of professions. The Committee requests the Government to specify the composition of the personnel within both the State health and epidemiological services and the labour protection services at the level of the undertaking. It also asks the Government to indicate the measures taken or envisaged to ensure that occupational health services are of a multidisciplinary nature, in accordance with paragraph 1 of this Article. The Government is requested to provide information on the manner in which it is ensured that occupational health services carry out their functions in cooperation with the other services in the undertaking. The Government is also requested to indicate the measures taken to ensure adequate cooperation and coordination between occupational health services and other bodies concerned with the provision of health services.

Article 10. Full professional independence of health services personnel. The Committee notes that the Government refers to section 38 of the Act on ensuring the population’s health and the prevention of epidemics, without giving further details on its content. The Committee requests the Government to provide information on the manner in which it ensures the full professional independence from employers, workers and their representatives, where they exist, of the personnel providing occupational health services in both the State health and epidemiological services in relation to the functions listed in Article 5 of the Convention.

Article 12. No loss of earnings for workers in the process of the surveillance of their health. The Committee requests the Government to indicate the relevant provisions ensuring that effect is given to the requirement that the surveillance of the workers’ health shall involve no loss of earnings, be free of charge and shall take place during working hours.

Article 14. Information to be provided to the occupational health services of any factors which may affect workers’ health. The Committee requests the Government to indicate the measures taken or envisaged to ensure that occupational health services are informed of any factors in the working environment which may affect workers’ health.

Article 15. Occupational health services shall be informed of ill health among workers and absence from work for health reasons. The Committee requests the Government to provide information on the measures taken to ensure that occupational health services are informed of occurrences of ill health among workers, and absence from work for health reasons in order to identify whether there is any relation between the reasons for ill health or absence and any health hazards which may be present at the workplace.

Part VI of the report form. Application in practice. The Committee notes from the Government’s report that, due to the absence of an incentive system in the national social security system, in which the amount of contributions due is not linked to the quality of working conditions in an undertaking, employers failed to identify hazardous factors, assess the risk of occurrence of occupational diseases and take preventive measures. According to the Government, 6,342 persons were diagnosed in 2011 as possibly suffering from occupational diseases, compared to 5,644 in 2010. The Committee asks the Government to continue to provide information on the application of the Convention in practice, including the number of workers having access to these services, and the number of occupational diseases per annum.

Part VII of the report form. Comments from employers’ and workers’ organizations. The Committee asks the Government to indicate the representative organizations of employers and workers to which copies of the present report were communicated.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Legislation. The Committee notes the information supplied by the Government in its detailed first report on the application of the Convention. The Committee also notes that the Government has supplied a list of the various Acts of Ukraine and Resolutions of the Cabinet Ministers of Ukraine relevant to the implementation of this Convention. However, as the legislation was not included, the Committee requests that the Government provide the text of the specific provisions which give effect to the relevant Articles of the Convention.

Article 4 of the Convention. National policy concerning the protection of workers, the public and the environment against the risk of major accidents. The Committee notes, from the Government’s report, that in accordance with article 21 of the Labour Protection Act, the concept of a country-wide target programme for improving safety, labour hygiene and the production environment has been adopted for the 2012–16 period. The Committee also notes that articles 38 to 42 of the Labour Protection Act provide for the holding of consultations with the most representative employers’ and workers’ organizations. However, the Committee notes that the information provided with regard to the formulation, implementation and periodical review of the national policy does not cover all the requirements contained in this Article. The Committee asks the Government to provide detailed information on the parts of the country-wide target programme for 2012–16 giving effect to Article 4 of the Convention, and to provide the Office with a copy of the relevant parts of the programme, in one of the working languages of the ILO if possible. The Committee also asks the Government to provide further details on the review procedure of the national policy, particularly with regard to the evaluation of the policy and the determination of improvements to be made, and to indicate the most representative organizations of employers and workers and other interested parties who may be affected who were consulted, and the results of these consultations relative to the implementation and periodical review of the target programme.

Article 5. System for the identification of major hazard installations. The Committee notes that the Government indicates that, according to article 9 of the Major Hazard Installation Act, the procedure to identify and record major hazard installations, which applies to all commercial entities that own or use major hazard installations, is determined by the Cabinet of Ministers, who also establish the threshold quantities of hazardous substances which are the basis on which commercial entities must rely to determine if they must identify their installations as a major hazard. However, the Committee notes that no information is provided with regard to the consultations of the most representative organizations of employers and workers and other interested parties who may be affected, and to the regular review and update of the system, as provided for in paragraph 2 of this Article of the Convention. The Committee asks the Government to indicate the most representative organizations of employers and workers, as well as the other interested parties who may be affected, who were consulted with regard to the establishment of the system for the identification of major hazard installations, and to detail the outcome of these consultations. The Committee also asks the Government to provide the list of the hazardous substances or categories of substances or of both, referred to in this Article of the Convention, together with their respective threshold quantities. Finally, in accordance with paragraph 2 of this Article, the Committee asks the Government to describe the measures taken or envisaged to ensure the regular review and update of the system for the identification of major hazard installations.

Article 6. Special provision to protect confidential information that is transmitted or otherwise made available under Article 8, 12, 13 or 14. The Committee notes that while provision is made for the protection of confidential information, relating to production, technology, management, financial and other activities of a commercial entity, transmitted or made available to the competent authority, the confidential information referred to in this Article is that contained in Article 8 (notification requirements concerning existing and new hazardous installations), Article 12 (transmission of the safety report to the appropriate authority), Article 13 and Article 14 (accident reporting) of the Convention. The Committee also notes that the Government does not provide information on the consultation of the representative organizations of employers and workers concerned in this matter. The Committee invites the Government to provide information on the measures taken to protect confidential information, referred to in this Article in conjunction with Article 8, 12, 13 or 14 of the Convention. The Committee also asks the Government to provide information on consultations held in this respect with the most representative organizations of employers and workers concerned, including the outcome of these consultations.

Article 9. Documented systems of risk prevention of major accidents. Articles 10, 11 and 12. Preparation, review, update and modification of the safety report. Transmission to the appropriate authority The Committee notes that the Government provides information on the requirement for enterprises that own or use at least one major hazard installation, or intend to commence construction of such an installation, to establish a documentary system of control over high-risk factors in the form of a safety declaration. The Committee also notes that commercial entities and enterprises must develop and approve, alongside the safety declarations, a plan for localizing and eliminating accidents for each major hazard installation they operate or plan to operate. However, the information provided by the Government appears not to cover all the very specific requirements contained in Article 9, in particular as regards paragraphs (b)–(d) and (f). The Committee requests the Government to provide further details on the content of the safety declaration and of the plan for localizing and eliminating accidents, particularly with regard to the provisions of paragraphs (b)–(d) and (f) of Article 9. In addition, recalling that the safety report referred to in Articles 10, 11 and 12 of the Convention is a specific document to be drawn up by the employers on the basis of the requirements of Article 9, the Committee requests the Government to take the necessary measures to ensure that employers prepare, review, update and amend a safety report, and transmit or make it available to the competent authority.

Article 13. Accident reporting. The Committee notes the Government’s indication that in accordance with article 31 of the Mining Act, heads of mining enterprises are required to immediately notify authorities in the case of an accident. The Committee notes that no information is provided on the obligation of enterprises, other than mining enterprises, to report accidents. The Committee asks the Government to provide further information on the application of this Article of the Convention to all types of enterprises which operate major hazard installations.

Article 15. Emergency plans and procedures. The Committee notes that in its report, the Government indicates that section II of the Civil Defence Code, titled Unified State Civil Defence System, includes provisions relating to the protection of the population and environment outside the territory of a major hazard installation, and lists the main tasks of the Unified State Civil Defence System contained in article 8. The Committee considers that the information provided is insufficient and does not enable it to determine whether full effect is given to this Article of the Convention. The Committee asks the Government to provide further information on the application of this Article of the Convention, particularly with regard to the requirement to update emergency plans and procedures at appropriate intervals.

Article 16(a). Dissemination of information on the safety measures to be taken in the event of a major accident. The Committee notes the Government’s indication that within ten days of approving the accident localization and elimination plan, the competent local body provides, through the media, the information required for the population to abide by the rules of conduct and actions to be taken in the situations envisaged in the plan. The Committee also notes that articles 27 and 28 of the Mining Act contain information about measures for rescuing employees at work and evacuating the public in the event of an emergency. The Committee asks the Government to provide further information on the application of this Article of the Convention, particularly with regard to the requirement to update and redisseminate information to the public on safety measures and the behaviour to adopt in the case of a major accident.

Article 18(2). Right for representatives of employers and workers to accompany inspectors. The Committee notes that in accordance with article 4(11) of the Act on the Fundamentals of State Supervision (Control) over Economic Activities, scheduled or unscheduled measures should be carried out in the presence of the head, deputy head or duly authorized person of the commercial entity. The Committee also notes that every mine has its own labour protection service entitled to accompany inspectors exercising control measures. The Committee asks the Government to indicate any measures taken or envisaged to ensure that representatives of workers operating in all types of major hazard installations, not only mines, have the opportunity to accompany inspectors supervising the application of the measures prescribed in this Convention.

Article 20(f). Right of workers and their representatives to discuss any potential hazards with the employer and to notify the competent authority. The Committee notes that the Government’s report does not provide information on the application of this paragraph of the Convention. The Committee asks the Government to provide information on measures taken or envisaged to ensure that workers and their representatives have the opportunity to discuss with the employer any potential hazards they consider capable of generating a major accident and have the right to notify the competent authority of those hazards.

Article 21. Obligations of workers. The Committee notes the Government’s indication that article 15 of the Labour Protection Act stipulates that in the event of the identification of labour protection breaches, labour protection specialists are entitled to make a submission to the employer to hold workers liable for their breach of labour protection regulations. The Committee notes that the information provided is insufficient and does not enable it to determine whether full effect is given to both paragraphs of this Article of the Convention. The Committee asks the Government to provide information on the measures taken to give effect to this Article of the Convention.

Article 22. Responsibility of exporting states. The Committee notes that the Government’s report does not contain information on the application of this Article of the Convention. The Committee asks the Government to provide information on any measures taken or envisaged to give effect to this Article of the Convention.

Part V of the report form. Application in practice. The Committee asks the Government to provide a general appreciation of the manner in which the Convention is applied in practice, and in particular to indicate any data available on the number of workers covered by the measures giving effect to the Convention, the number and nature of the infringements reported, and the number, nature and cause of accidents reported concerning major hazard installations.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Legislation. The Committee notes the information provided by the Government regarding the legislation which gives effect to the Convention. The Committee asks the Government to submit, along with its next report, the text of the specific dispositions which give effect to the relevant Articles of the Convention, if possible in one of the working languages of the ILO.

Article 3 of the Convention. A coherent policy on safety and health in mines. The Committee notes from the Government’s report that, having taken into account the national conditions and practice and following consultations with responsible representative organizations of employers and workers, the State is developing, implementing and periodically revising its policy regarding mine safety and hygiene, especially with respect to measures for fulfilling the provisions of the Convention. The Committee notes that the state policy for labour protection in mines is determined by article 3 of the Mining Act of Ukraine and that it seems to cover a wide range of topics and provide numerous safeguards. The Committee also notes from the Government’s report that new regulatory and legal acts relating to labour protection are being developed and adopted and existing ones revised and repealed by the State Technical Supervisory Service of Ukraine, with the participation of trade unions and the Social Accident Insurance Fund. The Committee requests the Government to provide information on the measures taken to ensure the implementation of the relevant national policy in practice. The Committee further requests the Government to indicate the most representative organizations of employers and workers concerned that were consulted and the outcome of the consultations held. It also asks the Government to provide further information on the revision of regulatory and legal acts relating to labour protection.

Article 5. Regulation and monitoring of various aspects of safety and health in mines. The Committee notes the information in the Government’s report that investigation and recording of accidents, occupational diseases and industrial accidents are carried out in accordance with the Procedure approved by Resolution No. 1232 of the Cabinet of Ministers of Ukraine of 30 November 2011; however, no information is provided regarding the compilation of statistics, or the establishment of effective procedures to ensure the implementation of the rights of workers and their representatives to be consulted on matters and to participate in measures relating to safety and health at the workplace. The Committee also notes in the Government’s report that mining works are performed in accordance with designs and passports developed and approved in observance of the safety regulations, the technical operation rules and unified blasting works safety rules; and that the workers of mining enterprises are familiarized with the designs and passports in the manner specified by the safety regulations. The Committee requests the Government to provide information on the compilation and publication of statistics relating to dangerous occurrences. The Committee also asks the Government to explain in detail what is meant by “the designs and passports developed for mining works” as is referred to in its report.

Article 6. Employers’ obligations to eliminate or minimize risks. The Committee notes that the Government states in its report that production risks are prevented from materializing by eliminating existing breaches of the safety regulations in the workplace, on the routes to and from the workplace and that in conducting risk prevention and protection measures the employer assesses the risks and acts on them. The Committee requests the Government to indicate the provisions of the national legislation and other measures taken, ensuring that employers in all mines in the country take steps to assess and subsequently address risks in accordance with the order of priority prescribed in Article 6 of the Convention.

Article 10(c) and (d). Investigation and report on accidents and dangerous occurrences. The Committee notes that the Government has not provided information in its report on the legislative measures and other measures to give effect to Article 10(c) and (d) of the Convention. The Committee reminds the Government that it is essential, regardless of the system, to know at all times the name and location of persons underground, and asks the Government to state whether the mechanisms currently applied allow these objectives to be met, and, if not, to reconsider the matter when reviewing the national policy and to examine, with the social partners, the possibility of giving effect to this provision of the Convention in a more explicit manner, and to provide information in this regard. Furthermore, the Committee requests the Government to indicate the legislative or practical measures taken, so that employers ensure that all accidents and dangerous occurrences are investigated and that appropriate remedial action is taken following dangerous occurrences.

Article 12. Responsibilities of the employer in charge of the mine when two or more employers undertake activities at the same time. The Committee notes the information in the Government’s report that if two or more employers carry out work at once and the same mine, the employer responsible for the mine co-ordinates all measures associated with the workers’ labour safety and health and bears the main liability for work safety. This does not release each of the employers from responsibility for all measures associated with the workers’ labour safety and hygiene. The Committee requests the Government to indicate the specific provisions of national legislation according to which the employer in charge of the mine is held primarily responsible for the safety of operations, when two or more employers undertake activities at the same mine.

Article 16 and Part V of the report form. Inspection services and application in practice. The Committee notes the information in the Government’s report that all necessary steps are taken, including appropriate sanctions and corrective measures, for the purpose of procuring practical implementation of the provisions of the enterprise’s safety regulations, this being regulated by article 10 of the Mining Act of Ukraine and the Labour Protection Act. The Committee requests the Government to supply relevant extracts from inspection reports including information on the number and the nature of the infringements reported, as well as information on sanctions imposed. It also requests the Government to give a general appreciation of the manner in which the Convention is applied in the country.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 4 of the Convention. Applicable laws and regulations. The Committee notes that, based on information in the Government’s most recent report, the Sanitary Rules for the Food Trade Enterprises, SanPiN 5781-91 of 16 April 1991 partially give effect to Articles 7–14 and 16 of the Convention with regard to working conditions in food trade establishments. The Committee notes, however, that the Government does not indicate whether Articles 7–14 and 16 are applied to trading establishments other than food trade enterprises, in conformity with Article 1(a), as well as establishments, institutions and administrative services in which workers are mainly engaged in office work, in conformity with Article 1(b). The Committee requests the Government to specify the provisions of laws and regulations which give effect to Articles 7–14 and 16 in relation to the protection of workers in trading establishments other than food trade enterprises and in establishments, institutions and administrative services in which workers are mainly engaged in office work.

Part IV of the report form. Application in practice. The Committee notes the information provided by the Government about the activities of the State Sanitary and Epidemiological Service of Ukraine which exercises control over the observance of the health legislation of Ukraine at trade enterprises and the enterprises, institutions or administrative services in which workers are engaged in clerical work. The Committee notes, however, that the State Sanitary and Epidemiological Service of Ukraine is not a specialized inspection service ensuring compliance with laws and regulations concerning occupational safety and health (OSH). The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in Ukraine, providing, for example, extracts from reports of the inspection services which deal with OSH matters and, to the extent such statistics are available, information concerning the number of workers covered by legislation, the number and nature of contraventions reported and the action taken on them, etc.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1 of the Convention. Scope. The Committee notes the information provided by the Government that the term “agriculture” is determined by the Law of Ukraine on Promotion of the Development of Agriculture for the Period of 2001–04. The Committee notes, however, that it is unclear whether the referenced law remains in force and that the meaning of the term “agriculture” is not clearly indicated in the referenced law. The Committee requests the government to indicate whether the Law of Ukraine on Promotion of the Development of Agriculture for the Period of 2001–04 is still in force. If in force, the Committee requests the Government to clarify whether the definition of the term “agriculture” under this national legislation covers all the activities described in Article 1 and, if not, to indicate the other applicable national laws or regulations ensuring that the Convention is effectively applied to all the categories of work listed in this Article.

Article 4(1). Coherent national policy on safety and health in agriculture. The Committee notes that the Government indicates that nationwide programmes for the improvement of occupational safety and health (OSH) and working environment, are normally adopted for a five–year period, but that no further details regarding the current OSH policy is provided. The Committee requests the Government to provide further information on effect given to this article of the Convention including information on the basic principles of its nation-wide programme and the manner in which it is periodically reviewed, giving details of the review process, together with the results and anticipated developments.

Article 6(2). Two or more employers in an agricultural workplace. The Committee notes the Government’s statement that the application of this paragraph is ensured on the basis of section 36 of the Law of Ukraine on Labour Protection of 14 October 1992 No. 2694-XII (Law on Labour Protection). The Committee notes, however, that section 36 of this Law only regulate the powers of associations of enterprises with regard to OSH, but it does not provide for cooperation for ensuring compliance with OSH whenever in an agricultural workplace one or more employers and one or more self-employed persons undertake activities. The Committee requests the Government to provide further information on measures taken to give effect to this provision including information on whether the competent authority has established general procedures for the referenced cooperation.

Article 9(2). Machinery safety and ergonomics. Manufacturers, importers and suppliers. The Committee notes that under section 21 the of Law on Labour Protection the machinery, mechanisms, equipment and transports which are being put into operation after manufacture, reconstruction or repair must comply with laws and regulations on OSH. Employers, manufacturers or suppliers of dangerous machines and equipment are required to obtain permission from the Central Organ of the Executive Power for Supervision of Labour Protection for using such machines or equipment. Also according to section 21 of the same law the machines, mechanisms, equipment, transports, chemical substances and other dangerous products, which are purchased abroad, can only be used if they have been determined to comply with national laws and regulations on OSH. The Committee requests the Government to provide information on the measures taken to ensure that manufacturers, importers and suppliers comply with the standards set in paragraph 1 and provide adequate and appropriate information, including hazard warning signs, to the users in the official language of Ukraine.

Article 11. Evaluation of risks, consultation and establishment of health and safety requirements for handling and transport of materials. The Committee notes the detailed information provided regarding the application of this Article through a series of Laws, regulations and technical standards including Orders of the Ministry of Health of Ukraine of 10 December 1993, No. 241, on maximum permissible limits of weight lifting and shifting by the women, and of 22 March 1996, No. 59, on maximum permissible limits of weight lifting and shifting by the minors. With regard to paragraph 2 of this Article, the Committee notes that the referenced legislation does not regulate the lifting and shifting of all workers covered by the Convention but is limited to restricting the lifting and shifting of objects whose weight exceed the standards on maximum permissible limits established for women and children. The Committee requests the Government to indicate the safety and health requirements established for the handling and transport of materials, particularly manual handling for all workers. The Government is requested to indicate the consultations had to this end; the factors that they are based on; and the relevant conditions taken into account.

Article 12(b). Adequate information. The Committee notes the detailed information provided by the Government that the competent authorities ensure the implementation of the provisions of this Article of the Convention by applying the relevant provisions of a series of laws including in the Law on Labour Protection, the Law on Pesticides and Agrochemicals of 2 March 1995 No 86/95-BP (Law on Pesticides), the Law on Ensuring Sanitary and Epidemiological Well-Being of the Population (Law on Sanitary Wellbeing). The Committee notes that according to section 10 of the Law on Pesticides, pesticides and agrochemicals must be packaged and labelled and every product item should be accompanied with recommendation for its application which indicates the methods of use, restrictions and prohibitions on application, and among others indicates the safety measures to be taken while working with them, during transportation, and storage. The Committee also notes that section 11 of the Law on Pesticides prescribes that in the sale of pesticides and agrochemicals to the population the instructions on their safe use should be available. However there is no requirement in the Law on Pesticides that those who produce, import, provide, sell, transfer, store or dispose of chemicals used in agriculture should provide adequate and appropriate information to users in the official language or languages of Ukraine. The Committee requests the Government to provide further information about the measures taken which ensure that those who produce, import, provide, sell, transfer, store, or dispose of chemicals used in agriculture provide adequate and appropriate information to users in the appropriate official language or languages of Ukraine.

Article 16(2). Young workers and hazardous work. The Committee notes that section 190 of the Labour Code of 10 December 1971 No. 322-VIII prescribes that a list of hard works and works with hazardous or dangerous working conditions shall be approved by the Ministry of Health of Ukraine in coordination with the State Committee of Ukraine on Supervision of Labour Protection. The Committee requests the Government to provide further information whether the referenced list has been adopted in consultation with the representative organisations of employers and workers concerned as required in this Article.

Article 16(3). Appropriate training. The Committee notes that section 188 of the Labour Code authorises admission to work of persons as from 16 years of age, but that it does not expressly precondition such employment on the provision of appropriate prior training. The Committee requests the Government to provide further information measures taken to give full effect to this provision.

Article 19(a). Welfare facilities. The Committee notes the reference made by the Government the Housing Code of the Ukrainian SSR and to the practice also to regulate issues covered by this Article in collective agreements and contracts. The Committee notes that the information provided by the Government does not expressly state that re referenced welfare facilities be provided at no cost. The Committee requests the Government to provide further information on measures taken to give full effect to this provision of the Convention.

In addition to the foregoing, the Committee notes that the report is silent or the information provided by the Government in the report is incomplete as regards the application of the following Articles: Article 7(c). Immediate steps to stop any operation where there is imminent danger; Article 8(1)(b). Right of workers to select safety and health representatives and to participate in the application and review of safety measures; Article 10. Use of agricultural machinery and equipment only for work for which they are designed and their operation by trained and competent persons; Article 14. Animal handling and protection against biological risks; Article 15. Agricultural installations; Article 17. Temporary and seasonal workers; Article 20. Working-time arrangements. The Committee requests the Government to provide further information on measures taken, in law and in practice, to give effect to these provisions of the Convention.

Part V of the report form. Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country and supply extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention, the number and nature of infringements reported, etc.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the information provided regarding effect given to Articles 2(3) and (4), 7, 10 and 15 of the Convention, and the references made to new legislation adopted giving further effect to the Convention. The Committee further notes that the Government is in the process of approving the Occupational Safety and Health Rules on Coal Mining and the Occupational Safety and Health Rules for the Development of Natural Resources in Open-Cast Working. The Committee requests the Government to provide copies of the new legislation once it has been adopted.

Article 6 of the Convention. Prohibiting the use of machinery without appropriate guards. The Committee notes the Government’s response that, based on the safety and health policy, the rules and regulations provide for the prohibition to use machinery if any dangerous parts are without appropriate guards. However, the Committee recalls that Article 6(1) provides that where this prohibition cannot fully apply without preventing the use of the machinery it shall apply to the extent that the use of the machinery permits. The Committee requests the Government to provide further information on how effect is given to this aspect of the Article.

Article 9. Temporary exemption. The Committee notes the Government’s response on the provisions provided by section 29 of the Law on Labour Protection and its conformity with Article 9. The Committee requests the Government to provide information on any exemptions which have been made under this Article and on the consultations in this regard with organizations of employers and workers concerned.

Article 11. No worker shall use machinery without guards or make inoperative the guards provided. The Committee notes that the Government’s report is silent on this matter. The Committee requests the Government to provide information on how effect is given to this Article in law and practice.

Part V of the report form. Application in practice. The Committee notes the statistical information provided by the Government based on the Gosgorpromnadsor indicators of its supervision activities from 2005 to 2009. The Committee notes in particular that there has been a steady decrease in the number of violations of occupational safety rules and in the number of instances of suspension of work and closure of premises in correlation to the increase in number of enterprises under supervision. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in the country, and to continue to provide, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and cause of accidents reported.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with interest the information provided in the Government’s latest report, including the adoption of the revised Basic Sanitary Rules for Radiation Safety of Ukraine, approved by the Ministry of Health of Ukraine, No. 54 of 2 February 2005, and registered in the Ministry of Justice, No. 552/10832 of 20 May 2005, including instruction requirements to workers engaged in radiation work, which gives further effect to Article 9 of the Convention and the requirement of annual periodic medical examinations of persons working directly with ionizing radiation sources, which gives further effect to Article 12 of the Convention. The Committee asks the Government to supply a copy of the revised Basic Sanitary Rules with its next report and asks the Government to continue to provide information on relevant legislative amendments undertaken with regards to the Convention.

Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention. Effective protection of pregnant women. With reference to its previous comments in respect of the dose limits for pregnant women in category A (radiation workers), the Committee notes that no specific information has been provided by the Government in its latest report concerning measures to revise the dose limit established for pregnant women to ensure an effective protection for the mother and her unborn child. The Committee once again draws the Government’s attention to the indications contained in paragraphs 5.4.4., 4.1.5. and 4.3.1. of the ILO code of practice of 1986, to which the Committee referred in paragraph 13 of its 1992 general observation under the Convention, where it is indicated that the methods of protection at work for pregnant women should provide a standard protection for any unborn child broadly comparable with that provided for members of the general public which are not to be exposed to more than 1 mSv per year. The Committee reiterates its request that the Government indicate the measures undertaken or envisaged to revise the dose limits currently in force for pregnant women directly engaged in radiation work.

Article 8. Appropriate level to be fixed for workers not directly engaged in radiation work The Committee notes from the Government’s report that the effective dose for individuals, who do not work with a source of ionizing radiation, but who may be exposed to additional radiation because their workplace is situated on premises or on an industrial site where radiological or nuclear technology is used (category B), must not exceed 2 mSv per year. The Committee, once again, draws the Government’s attention to paragraphs 5.4.5 of the ILO’s code of practice of 1986, according to which the employer has the same obligations towards workers not engaged in radiation work, as far as restricting their radiation exposure is concerned, as if they were members of the public, and that the annual effective dose equivalent limit for the individual members of the public is 1 mSv under the ICRP recommendations. The Committee reiterates its request that the Government indicate the measures taken or envisaged to set appropriate levels for this category of workers, taking into consideration that this Article of the Convention raises a particular concern for workers who, while not directly engaged in radiation work and thus not necessarily benefiting from monitoring programmes, special medical examination, etc., may remain in, or pass through, areas where they may be exposed to ionizing radiation.

Article 10. Requirement of the notification of work involving exposure of workers to ionizing radiation. As the Government’s latest report does not contain any reply to its previous comments to this issue, the Committee reiterates its request that the Government indicate the laws or regulations requiring the notification of work involving exposure of workers to ionizing radiation in the course of their work.

Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee notes the information in the Government’s report indicating that the Law of Ukraine on Protection of the Population from Ionizing Radiation provides compensation for cases of radiation exposure, resulting from practical activity, where the annual basic dose limit of radiation was exceeded. The Committee further notes that the Government’s latest report contains neither information concerning whether alternative employment possibilities have been offered in the past to the workers who participated in the intervention after the accident of the Chernobyl nuclear power plant, nor a copy of the Safety Rules in the Course of Operation of nuclear power plants (RRS NP-89), as requested in its earlier comments. The Committee, once again, requests the Government to provide information on whether alternative employment possibilities have been offered in the past to the workers who participated in the intervention after the accident of the Chernobyl nuclear power plant, and to provide copies of RRS NP-89 and the Law of Ukraine on Protection of the Population from Ionizing Radiation.

Part V of the report form. Application in practice. The Committee reiterates its request that the Government give a general appreciation of the manner in which the Convention is applied in practice in the country including, for example, extracts from inspection reports and information on the number of workers covered by the legislation, the number and nature of contraventions reported, the number and cause of accidents recorded and the measures taken to remedy them, and information on the individual protective equipment allocated to workers, such as dosimeters.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the Government’s latest report including information regarding relevant legislation allegedly giving effect to the provisions in the Convention, some of which was attached to the report.

Article 4 of the Convention. Applicable laws and regulations. Having examined available information, the Committee notes the provisions in section 44 of the Ministerial Decree on the exercise of commercial activities and the rules for commercial services to the population requiring the employers to provide suitable facilities for changing, storing and drying clothes giving effect to Article 15 of the Convention. However, as far as the Committee is able to determine, the legislation otherwise referred to mainly includes building and construction standards which regulate the construction and installation of ventilation, lighting, heating and sanitary arrangements, as well as the supply of public water, but does not prescribe obligations imposed on the employers to ensure the protection of workers employed in commerce and offices as contained in Articles 7–14 and 16 of the Convention. The Committee requests the Government to indicate the specific provisions, in the Labour Code or in other legislation, which it alleges give effect to the provisions of the Convention in Articles 7–14 and 16.

Part V of the report form. Application in practice. The Committee reiterates its request to the Government to give a general appreciation of the manner in which the Convention is applied in Ukraine, providing, for example, extracts from reports of the inspection services and, to the extent such statistics are available, information concerning the number and nature of contraventions reported and the action taken on them, etc.

[The Government is asked to reply in detail to the present comments in 2011.]

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Articles 2–4 of the Convention. Sale, hire, transfer in any other manner and exhibition of power-driven machinery. The Committee notes that the information provided in the latest reports submitted by the Government does not include the requested information regarding national legislation prescribing the responsibilities related to the sale, hire, transfer in any other manner and exhibition of power-driven machinery detailed in these Articles. The Committee reiterates its request to the Government to take all relevant measures to ensure that effect is given, in law and in practice to Articles 2–4 of the Convention.

Articles 6–14. Prohibition against the use of power-driven machinery with unguarded hazardous parts. The Committee notes that the information provided in the latest reports submitted by the Government includes, inter alia, information regarding numerous technical occupational safety and health standards and rules adopted in 2007–08 which, according to the Government, require that machinery is fitted with guards. Based on this information, the Committee concludes that effect appears to be given to Articles 6 and 8 of the Convention and that use has not been made of Article 9, but that further information is required as regards the effect given to the remaining Articles in Part III of the Convention. The Committee requests the Government to provide further information regarding specific legislative provisions which give effect to Articles 7 and 10–14 of the Convention.

Part V of the report form. Application in practice. With reference to its previous comments, the Committee notes that the Government’s two latest reports do not include any response to the observations made by the Federation of Trade Unions in Ukraine in 2002 regarding the application in practice of the Convention. The Committee therefore requests the Government to give a general appreciation of the manner in which the Convention is applied in the country, including, for instance, extracts from official reports and information on any practical difficulties in the application of the Convention.

[The Government is asked to reply in detail to the present comments in 2010.]

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the information in the Government’s brief report including reference to national regulations implementing a series of regulations of the United Nations Economic Commission for Europe related to wheeled vehicles, that all vehicles manufactured by domestic enterprises met with the requirements of the Convention and that Ukraine was taking steps to ensure that machinery was properly guarded. The Committee notes, however, that the Government’s report contains no reply to its previous comments, including, inter alia, a request for a reply to observations from the Federation of Trade Unions of Ukraine (FTUU). It must therefore repeat its previous observation, which read as follows:

1. The Committee notes the information contained in the Government’s report. It notes the adoption of Decree No. 209 of 27 September 2004, by the State Committee for Technical Regulation and Consumer Policy, and the implementation of Technical Regulations on Ensuring Conformity in the Safety of Machines and Mechanical Equipment No. 1339/9938 of 20 October 2004 by the Ministry of Justice. The Committee also notes the information that several other technical regulations and standards are in the process of being developed. The Committee requests the Government to provide with its next report copies of the legislation referred to above, as well as copies of any new legislation which may have been adopted and which is relevant for the application of the Convention.

2. Article 2, paragraphs 3 and 4, Articles 7 and 9, Article 10, paragraph 1, Article 11 and Article 15, paragraph 2, of the Convention. The Committee notes that the Government is currently developing technical regulations and standards, in accordance with Decree No. 123-r of 4 March 2004 by the Cabinet of Ministers of Ukraine, and the Action Plan for drawing up national standards harmonized with International and European standards, for ensuring conformity (certification) of industrial production for 2004-11, as well as the information that 96 EN and ISO standards of a total of 551 have been adopted as national standards. The Committee hopes that the adopted standards will give effect to Article 2, paragraphs 3 and 4, Articles 7 and 9, Article 10, paragraph 1, Article 11 and Article 15, paragraph 2, of the Convention. It requests the Government to provide with its next report copies of the most relevant standards and regulations for the application of the Convention.

3. Part VI of the report form. Observations from the Federation of Trade Unions of Ukraine (FTUU). The Committee refers to its previous observation where it requested the Government to send a reply on the observations made by the FTUU concerning the application of this Convention. The Committee notes that the Government’s report is silent on this question and recalls that in its observations the FTUU stated that the requirements of the provisions of the Convention were reflected in the workers’ protection laws and that they were generally respected but that, unfortunately, due to the difficult financial situation in the country, more than 800 machines, mechanisms and pieces of equipment currently used in certain enterprises were not in conformity with the technical safety requirements, mainly due to the absence of protective devices or features. Their use therefore constituted a potential danger to those working in these enterprises. The Committee would be grateful if the Government would respond to the observations by the FTUU.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

[The Government is asked to reply in detail to the present comments in 2008.]

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information contained in the Government’s report, including information regarding the National Tripartite Collective Agreement for 2004-05 which contains, in paragraph 3.09, a provision concerning the preparation in 2005 of the ratification of the Occupational Safety and Health Convention, 1981, (No. 155), the Occupational Health Services Convention, 1985 (No. 161) – as well as the Occupational Safety and Health (Dock Work) Convention (No. 152). The Committee requests the Government to provide information about the progress achieved in this respect.

2. Article 4. Applicable laws and regulations. The Committee notes that the Government has not responded to its previous request to provide information on which legislation of the former Soviet Union is still in force. Furthermore, the Committee notes that the Government attached several instruments to its report, including the Law of Ukraine of 12 May 1991, No. 1023-XII, on Consumer Rights Protection, the Law of Ukraine of 23 December 1997, No. 771/97-ВР, on the Quality and Safety of Food Products and Food Raw Materials, the Law of Ukraine of 24 February 1994, No. 4004-XII, on Ensuring Sanitary and Epidemic Safety of the Population, certain Cabinet of Ministries Decrees and Ministry of Economics Orders, but that these texts only give partial effect to the Convention. The Committee requests the Government to specify which legislation of the former Soviet Union is still in force and submit with its next report legal and regulatory instruments which comply with the provisions of Articles 7-16 of the Convention.

3. Part V of the report form. Practical application. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in Ukraine providing, for example, extracts from reports of the inspection services and, to the extent such statistics are available, information concerning the number and nature of contraventions reported and the action taken on them, etc.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information contained in the Government’s report. It notes the adoption of Decree No. 209 of 27 September 2004, by the State Committee for Technical Regulation and Consumer Policy, and the implementation of Technical Regulations on Ensuring Conformity in the Safety of Machines and Mechanical Equipment No. 1339/9938 of 20 October 2004 by the Ministry of Justice. The Committee also notes the information that several other technical regulations and standards are in the process of being developed. The Committee requests the Government to provide with its next report copies of the legislation referred to above, as well as copies of any new legislation which may have been adopted and which is relevant for the application of the Convention.

2. Article 2, paragraphs 3 and 4, Articles 7 and 9, Article 10, paragraph 1, Article 11 and Article 15, paragraph 2, of the Convention. The Committee notes that the Government is currently developing technical regulations and standards, in accordance with Decree No. 123-r of 4 March 2004 by the Cabinet of Ministers of Ukraine, and the Action Plan for drawing up national standards harmonized with International and European standards, for ensuring conformity (certification) of industrial production for 2004-11, as well as the information that 96 EN and ISO standards of a total of 551 have been adopted as national standards. The Committee hopes that the adopted standards will give effect to Article 2, paragraphs 3 and 4, Articles 7 and 9, Article 10, paragraph 1, Article 11 and Article 15, paragraph 2, of the Convention. It requests the Government to provide with its next report copies of the most relevant standards and regulations for the application of the Convention.

3. Part VI of the report form. Observations from the Federation of Trade Unions of Ukraine (FTUU). The Committee refers to its previous observation where it requested the Government to send a reply on the observations made by the FTUU concerning the application of this Convention. The Committee notes that the Government’s report is silent on this question and recalls that in its observations the FTUU stated that the requirements of the provisions of the Convention were reflected in the workers’ protection laws and that they were generally respected but that, unfortunately, due to the difficult financial situation in the country, more than 800 machines, mechanisms and pieces of equipment currently used in certain enterprises were not in conformity with the technical safety requirements, mainly due to the absence of protective devices or features. Their use therefore constituted a potential danger to those working in these enterprises. The Committee would be grateful if the Government would respond to the observations by the FTUU.

[The Government is asked to reply in detail to the present comments in 2007.]

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the Government’s comprehensive report.

2. Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention. Effective protection of pregnant women and workers against ionizing radiation based on its maximum permissible doses. With reference to its previous comments in respect of the dose limits for pregnant women in category A (radiation workers), the Committee notes that no specific information has been provided by the Government in its latest report concerning measures to revise the dose limit established for pregnant women to ensure an effective protection for the mother and her unborn child. The Committee once again draws the Government’s attention to the indications contained in paragraphs 5.4.4, 4.1.5 and 4.3.1 of the ILO code of practice of 1986 to which the Committee referred in paragraph 13 of its 1992 general observation under the Convention, where it is indicated that the methods of protection at work for pregnant women should provide a standard protection for any unborn child broadly comparable with that provided for members of the general public who are not to be exposed to more than 1 mSv per year. The Committee also refers to its request that the Government specify the standards of radiation safety on which the list of supplementary maximum permissible levels is based and to provide a copy of them for further examination. The mentioned list, supplied by the Government earlier, is based on various standards of radiation safety which make use of different criteria for the determination of maximum permissible dose levels for workers’ exposure to radiation. The Government is also requested to supply a copy of the Law on Protection of Man against the Impact of Ionizing Radiations for further examination. The Committee invites the Government to communicate to it the information requested as well as the legal texts indicated.

3. Article 8. Appropriate level to be fixed for workers not directly engaged in radiation work. The Committee notes from the Government’s report that the effective dose for individuals who do not work with a source of ionizing radiation, but who may be exposed to additional radiation because their workplace is situated on premises or on an industrial site where radiological or nuclear technology is used (category B) must not exceed 2 mSv per year. The Committee, once again, draws the Government’s attention to paragraphs 5.4.5 of the ILO’s code of practice of 1986 according to which the annual effective dose equivalent limit for the individual members of the public remains at 1 mSv under the ICRP recommendations. The Committee requests the Government to indicate the measures taken or envisaged to set appropriate levels for this category of workers, taking into consideration that the provision of this Article of the Convention raises a particular concern for workers who, while not directly engaged in radiation work and, thus, not necessarily benefiting from monitoring programmes, special medical examination, etc., may remain in, or pass through, areas where they may be exposed to ionizing radiations.

4. Article 9. Instruction requirements to workers engaged in radiation work. The Government again refers in its report (information given under Article 10 of the Convention) to section 3 of the Basic Sanitary Rules of Work with Radioactive Substances and Other Sources of Ionizing Radiations (BSR-72/87) which provides for the training and instruction requirements of workers engaged in radiation work. The Committee reiterates its request to the Government to supply a copy of the mentioned rules for further examination.

5. Article 10. Requirement of the notification of work involving exposure of workers to ionizing radiation. As the Government’s latest report does not contain any reply to its previous comments to this issue, the Committee requests the Government to indicate the laws or regulations requiring the notification of work involving exposure of workers to ionizing radiations in the course of their work.

6. Article 12. Nature and periodicity of medical examination. With reference to its previous comments, the Committee draws the Government’s attention to the requirement in this Article to establish the intervals at which the medical examinations should be carried out. The Government is requested to indicate the frequency of the medical examinations in question as well as their nature.

7. Article 13. Emergency situations. With reference to its previous comments concerning the optimization of the protection of workers during accidents and emergency work, the Committee invites, once again, the Government to continue to supply information on any steps taken or envisaged thereto.

8. Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure to ionizing radiation is medically inadvisable. The Committee notes that the Government’s latest report contains neither information concerning whether alternative employment possibilities have been offered in the past to the workers who participated in the intervention after the accident of the Chernobyl Nuclear Power Plant, nor copies of the Sanitary Rules of Work with Radioactive Substances and Other Sources of Ionizing Radiations (BSR-72/87) and the Safety Rules in the Course of Operation of Nuclear Power Plants (RRS NP-89) requested in its earlier comments. The Committee notes that the issue of the provision of alternative employment to workers who have accumulated a lifetime dose of ionizing radiation, well before their retirement, cannot be properly examined without this information. It requests, once again, the Government to communicate the texts of the BSR-72/87 and RRS NP-89 and information concerning measures taken to provide alternative employment to the mentioned workers’ group. In this context, the Committee wishes to draw the Government’s attention to paragraph 32 of the 1992 general observation under the Convention where it is indicated that every effort must be made to provide the workers concerned with suitable alternative employment, or to maintain their income through social security measures or otherwise, where continued assignment to work involving exposure to ionizing radiations is found to be medically inadvisable.

9. Part V of the report form. Practical application of the Convention. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in practice in the country including, for example, extracts from inspection reports and information on the number of workers covered by the legislation, disaggregated by sex if possible, the number and nature of contraventions reported, the number and cause of accidents recorded and the measures taken to remedy them, the individual protective equipment allocated to workers, such as dosimeters.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. The Committee takes note of the observations made by the Federation of Trade Unions of Ukraine concerning the application of the Convention, which was communicated to the Government by the Office on 26 September 2002. In their comments, the Federation of Trade Unions of Ukraine acknowledged that the provisions contained in the general principles set forth in Part II of the Convention were reflected in the different sanitary rules and that, in general terms, the Convention was applied in the country. The Federation of Trade Unions of Ukraine adds that the collaboration on social partnership level between the employers, the workers’ representatives and the organs representing the state power, resulted in the inclusion of issues concerning hygiene in commerce and offices into collective agreements. The Committee would appreciate it if the Government would supply an example of the above-indicated collective agreements for further examination as to the manner in which questions related to hygiene in commerce and offices are dealt with in collective agreements.

2. The Committee notes the Government’s indication contained in its earlier report that the national legislation adopted in Ukraine and the acts adopted by the former Soviet Union Ministry of Health almost fully comply with the provisions of the Convention. Nevertheless, the Government considered that insufficient attention was paid to the formulation of special sanitary legislation relating to administrative departments and other institutions or subdivisions where office work is done. In the light of these indications and with regard to the Decree of the Supreme Soviet of Ukraine No. 1545-XII of 12 September 1991 providing that the legislation of the Soviet Union previously applicable to Ukraine is to remain in force until new legislation adopted indicates the contrary, the Committee requests the Government to specify which legislation of the former Soviet Union is still in force.

3. The Committee notes section 7 of Law No. 4004-XII of 24 February 1994 on the provision of sanitary and epidemiological well-being of the population obliging the owner of an enterprise, thus the employer, to implement the sanitary standards in his enterprise. In this respect, the Committee takes note of the numerous sanitary rules, to which the Government refers in relation to the application of the provisions contained in the general principles of Part II of the Convention. In order to permit the Committee to examine the conformity of the respective sanitary rules with the requirements of the provisions of the Convention, the Committee would be grateful if the Government would provide copies of the relevant sanitary rules.

4. The Committee requests once again the Government to provide as soon as possible a detailed report to the Office indicating for each Article of the Convention exactly which provisions of laws, regulations or technical standards give effect to the respective provisions of the Convention, in order to enable the Committee to assess the extent to which the Convention is applied in the country.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report contains no reply to previous comments. It must therefore repeat its previous observation which read as follows:

The Committee refers to its previous comments and to the communication sent by the International Labour Office to the Government on 26 September 2002 with a view to receiving the Government’s comments on the observation made by the Federation of Trade Unions of Ukraine (FTUU) concerning the application of this Convention. The Committee notes that no answer has been provided by the Government to this letter.

The Committee takes note of the information from the Government’s latest report received after the termination of its 73rd Session (November-December 2002).

The Committee recalls that in its comments the Federation of Trade Unions of Ukraine (FTUU), while acknowledging that the requirements of the provisions of the Convention were contained in the workers’ protection laws and that they were generally respected, stated that unfortunately, due to the difficult financial situation, many enterprises in Ukraine currently use more than 800 machines, mechanisms and equipment which were not in conformity with the technical safety requirements mainly due to the absence of protective devices or features, which indeed constitute a potential danger to those working in these enterprises.

In its previous comments, the Committee noted that the national legislation within the occupational safety and health area gave only partial effect to the Convention. Indeed, the Workers’ Protection Act of 14 October 1992 contains certain provisions giving too general effect to Article 2, paragraphs 3 and 4, Articles 7 and 9, Article 10, paragraph 1, Article 11 and Article 15, paragraph 2, of the Convention. The Committee refers to the information provided by the Government in its earlier report concerning the adoption of some regulations and texts of Ukrainian state standards relating to machinery as well as the elaboration of the Industrial Production Safety Bill which had been submitted for consideration to the Council of Ministers.

The Committee requests the Government to supply information concerning any progress made with respect to the application of the Convention and copies of laws and regulations, as well as state standards, codes of practice, technical guidelines and instructions, in order to make possible the examination of the conformity of the legislation and practice in Ukraine with the requirements of all provisions of the Convention.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

1. The Committee takes note of the Government’s comprehensive report. It notes the Government’s indication concerning the legislative activities envisaged to harmonize certain normative instruments as well as the instructions and normative instruments issued at enterprise level with the requirements set forth in the binding Standards of Radiological Safety of Ukraine (SRS-97). The Committee requests the Government to keep it informed on any progress accomplished in the legislative process and to communicate a copy of the regulations and normative instruments once they have been adopted.

2. Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention. The Committee notes the Government’s indication that the dose limits for workers’ exposure to ionizing radiations have been revised in 1998 and that both the Law on Protection of Man against the Impact of Ionizing Radiations and the Standards of Radiological Safety of Ukraine (SRS-97) provide for dose limits of the different categories of workers and the population which are in conformity with the international standards. It notes with interest paragraph 5.1 of the Standards of Radiological Safety of Ukraine (SRS-97) providing for the annual dose limit for radiation workers of 20 mSv and for the population 1 mSv reflecting the maximum permissible dose limits adopted by the International Commission on Radiological Protection (ICRP) in 1990, which were reflected in the 1994 International Basic Safety Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources developed under the auspices of the IAEA, the ILO, the WHO and three other international organizations. With regard to the dose limits for pregnant women attributed to category A (radiation workers), the Committee notes that paragraph 5.6.1 of SRS-97 provides for an additional radiation restriction, i.e. the equivalent dose of the external local exposure of the skin at the lower part of the abdomen should not exceed 2 mSv for any two consecutive month, and at the time of diagnosing a pregnancy, this dose should not exceed 2 mSv for the whole period of pregnancy. In this respect, the Committee draws the Government’s attention to the indications contained in paragraphs 5.4.4., 4.1.5. and 4.3.1 of the ILO code of practice of 1986 to which the Committee referred in paragraph 13 of its 1992 general observation under the Convention where it is indicated that the methods of protection at work for pregnant women should provide a standard protection for any unborn child broadly comparable with that provided for members of the general public which are not to be exposed to more than 1mSv per year. In the light of these indications, the Committee requests the Government to revise the dose limit established for pregnant women to ensure an effective protection for the mother and her unborn child. It further requests the Government to supply a copy of the Law on Protection of Man against the Impact of Ionizing Radiations for further examination. The Committee also notes the supplementary list of maximum permissible levels, contained in the Government’s report, which is based on various standards of radiation safety and which made use of different criteria for the determination of maximum permissible dose levels for workers’ exposure to radiation. The Committee requests the Government to specify the standards of radiation safety on which the list of supplementary maximum permissible levels is based and to provide a copy of them for further examination.

3. Article 8. With regard to the maximum permissible doses of ionizing radiations for workers who are not directly engaged in radiation work, the Committee notes that paragraph 5.1 of the Standards of Radiological Safety of Ukraine (SRS-97) fixes an annual dose limit of 2 mSv. In this context, the Committee draws the Government’s attention to paragraphs 5.4.5 of the ILO’s code of practice according to which the annual effective dose equivalent limit for the individual members of the public remains at 1 mSv under the ICRP recommendations. In this context, it would recall that the provision of Article 8 of the Convention raises a particular concern for workers who, while not directly engaged in radiation work and thus not necessarily benefiting from monitoring programmes, special medical examination etc., may remain in, or pass through, areas where they may be exposed to ionizing radiations. The Committee therefore requests the Government to indicate the measures taken or envisaged to set appropriate levels for this category of workers.

4. Article 9. The Committee notes the Government’s indication that section 3 of the Basic Sanitary Rules of Work with Radioactive Substances and Other Sources of Ionizing Radiations (BSR-72/87) provides for the training and instruction requirements of workers engaged to radiation work. The Committee requests the Government to supply a copy of them for further examination.

5. Article 10. The Committee requests the Government to indicate the laws or regulations requiring the notification of work involving exposure of workers to ionizing radiations in the course of their work.

6. Article 12. The Committee notes section 36, subsection 1, of the Law of Ukraine on the Use of Nuclear Energy and on Radiation Safety, 1995, as amended, providing for preliminary and subsequent medical examination of workers assigned to carry out radiation work. The Committee requests the Government to indicate the nature of the medical examinations as well as their periodicity.

7. Article 13 (Emergency situations). The Committee notes with interest the provisions contained in paragraphs 7.7 to 7.48 of the Standards of Radiological Safety of Ukraine (SRS-97) defining the circumstances in which exceptional exposure may be tolerated (paragraph 7.11), and prescribing the various measures to be taken to ensure the protection of workers undertaking interventions (paragraphs 7.12 to 7.48). The Committee invites the Government to continue to supply information on any steps taken or envisaged to optimize the protection of workers during accidents and emergency work.

8. Article 14 (Alternative employment). With regard to the provision of alternative employment to workers who have accumulated a lifetime dose of ionizing radiation well before their retirement, the Government refers to the provisions of section 36 of the Law of Ukraine on the Use of Nuclear Energy and Radiation Safety, 1995, as amended, and to the provisions contained in the Sanitary Rules of Work with Radioactive Substances and Other Sources of Ionizing Radiations (BSR-72/87) and in the Safety Rules in the Course of Operation of Nuclear Power Plants (RRS NP-89). The Committee notes that section 36 of the Law of Ukraine on the Use of Nuclear Energy and Radiation Safety, 1995, as amended, only provides for medical examination of workers assigned to radiation work. However, since the texts of the BSR-72/87 and RRS NP-89 were not available to the Committee, it has not been possible to determine the extent to which the provisions contained in BSR-72/87 and RRS NP-89 would give effect to Article 14 of the Convention. The Committee accordingly requests the Government to communicate a copy of the above legislative texts for in-depth examination. In this respect, the Committee recalls again the indications given in paragraphs 28 to 34 and 35(d) of its 1992 general observation under the Convention as well as the principles reflected in paragraph I.18 and V.27 of the International Basic Safety Standards. The Committee further requests the Government to indicate whether alternative employment possibilities have been offered in the past to the workers who participated in the intervention after the accident of the Chernobyl Nuclear Power Plant.

9. Part V of the report form. In the light of the experiences collected from the Chernobyl accident and the number of legislative texts adopted since, the Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in practice in the country including, for example, extracts from inspection reports and, if available, information on the number of workers covered by the legislation, the number and nature of contraventions reported, the number and cause of accidents recorded and the measures taken to remedy them, the individual protective equipment allocated to workers, such as dosimeters.

10. Finally, the Committee would be grateful if the Government would supply a copy of all laws and regulations in force to give effect to the provisions of the Convention.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee refers to its previous comments and to the communication sent by the International Labour Office to the Government on 26 September 2002 with a view to receiving the Government’s comments on the observation made by the Federation of Trade Unions of Ukraine (FTUU) concerning the application of this Convention. The Committee notes that no answer has been provided by the Government to this letter.

The Committee takes note of the information from the Government’s latest report received after the termination of its 73rd Session (November-December 2002).

The Committee recalls that in its comments the Federation of Trade Unions of Ukraine (FTUU), while acknowledging that the requirements of the provisions of the Convention were contained in the workers’ protection laws and that they were generally respected, stated that unfortunately, due to the difficult financial situation, many enterprises in Ukraine currently use more than 800 machines, mechanisms and equipment which were not in conformity with the technical safety requirements mainly due to the absence of protective devices or features, which indeed constitute a potential danger to those working in these enterprises.

In its previous comments, the Committee noted that the national legislation within the occupational safety and health area gave only partial effect to the Convention. Indeed, the Workers’ Protection Act of 14 October 1992 contains certain provisions giving too general effect to Article 2, paragraphs 3 and 4, Articles 7 and 9, Article 10, paragraph 1, Article 11 and Article 15, paragraph 2, of the Convention. The Committee refers to the information provided by the Government in its earlier report concerning the adoption of some regulations and texts of Ukrainian state standards relating to machinery as well as the elaboration of the Industrial Production Safety Bill which had been submitted for consideration to the Council of Ministers.

The Committee requests the Government to supply information concerning any progress made with respect to the application of the Convention and copies of laws and regulations, as well as state standards, codes of practice, technical guidelines and instructions, in order to make possible the examination of the conformity of the legislation and practice in Ukraine with the requirements of all provisions of the Convention.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the observations made by the Federation of Trade Unions of Ukraine concerning the application of this Convention, which was communicated to the Government by the Office on 26 September 2002. In its comments, the Federation of Trade Unions of Ukraine, while acknowledging that the requirements of the provisions of the Convention were contained in the workers’ protection laws and that they were generally respected, stated that unfortunately, due to the difficult financial situation, many enterprises in Ukraine currently use more than 800 machines, mechanisms and equipment which were not in conformity with the technical safety requirements mainly due to the absence of protective devices or features, which indeed constitute a potential danger to those working in these enterprises. The Committee would be grateful if the Government would indicate its views on the observation made by the Federation of Trade Unions of Ukraine.

The Committee recalls its previous comments in which it noted from the Government’s earlier report the adoption of certain regulations and texts of Ukrainian state standards relating to machinery as well as the elaboration of the Industrial Production Safety Bill which had been submitted for consideration to the Council of Ministers. It notes in particular that some provisions of the Workers’ Protection Act of 14 October 1992 give partial effect to Article 2, paragraphs 3 and 4, Article 7, Article 9, Article 10, paragraph 1, Article 11 and Article 15, paragraph 2, of the Convention. In order to permit the Committee to examine the conformity of the legislation and practice in Ukraine with the requirements of all provisions of the Convention, the Committee reiterates its previous request to the Government to provide copies of these texts, including a copy of the future law on industrial production safety, once it has been adopted.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

1. The Committee takes note of the observations made by the Federation of Trade Unions of Ukraine concerning the application of the Convention, which was communicated to the Government by the Office on 26 September 2002. In their comments, the Federation of Trade Unions of Ukraine acknowledged that the provisions contained in the general principles set forth in Part II of the Convention were reflected in the different sanitary rules and that, in general terms, the Convention was applied in the country. The Federation of Trade Unions of Ukraine adds that the collaboration on social partnership level between the employers, the workers’ representatives and the organs representing the state power, resulted in the inclusion of issues concerning hygiene in commerce and offices into collective agreements. The Committee would appreciate if the Government would supply an example of the above indicated collective agreements for further examination as to the manner in which questions related to hygiene in commerce and offices are dealt with in collective agreements.

2. The Committee notes the Government’s indication contained in its earlier report that the national legislation adopted in Ukraine and the acts adopted by the former Soviet Union Ministry of Health almost fully comply with the provisions of the Convention. Nevertheless, the Government considered that insufficient attention was paid to the formulation of special sanitary legislation relating to administrative departments and other institutions or subdivisions where office work is done. In the light of these indications and with regard to the decree of the Supreme Soviet of Ukraine No. 1545-XII of 12 September 1991 providing that the legislation of the Soviet Union previously applicable to the Ukraine is to remain in force until new legislation adopted indicates the contrary, the Committee requests the Government to specify which of the legislation of the former Soviet Union is still in force.

3. The Committee notes section 7 of Law No. 4004-XII of 24 February 1994 on the provision of sanitary and epidemiological well-being of the population obliging the owner of an enterprise, thus the employer, to implement the sanitary standards in his enterprise. In this respect, the Committee takes note of the numerous sanitary rules, to which the Government refers in relation to the application of the provisions contained in the general principles of Part II of the Convention. In order to permit the Committee the examine the conformity of the respective sanitary rules with the requirements of the provisions of the Convention, the Committee would be grateful if the Government would provide copies of the relevant sanitary rules.

4. The Committee requests once again the Government to provide as soon as possible a detailed report to the Office indicating for each Article of the Convention exactly which provisions of laws, regulations or technical standards give effect to the respective provisions of the Convention, in order to enable the Committee to assess the extent to which the Convention is applied in the country.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

1. Articles 1 and 2(1) of the Convention. The Committee notes the information supplied by the Government regarding the adoption of the laws "Nuclear Energy Use and Radiation Safety Act", "Status of the Zone Contaminated as a Result of the Accident at the Chernobyl Atomic Power Plant Act", the "Provision of Medical and Epidemic Well-Being Act" and the "Radioactive Waste Act", and the preparation of the draft Radiation Safety Standard of Ukraine NRBU-97, which is taking into account the recommendations of the International Commission on Radiological Protection (ICRP) 1990, and the International Basic Safety Standards 1994. The Government is requested to supply the text of the adopted standard as soon as it has come into force.

2. Articles 3(1) and 6(2). The Committee notes the information provided by the Government regarding new dose limits. Following the adoption of the NRBU-97, the new effective dose limit will be fixed at 20 mSv per year for personnel engaged in radiation work and 1 mSv for members of the general public. Regarding persons suffering as a result of the Chernobyl disaster and living on the contaminated territory, maximum permissible doses for those living in the compulsory resettlement zone is set to 50 mSv and 5 mSv for those in the voluntary resettlement zone. For those who suffered as a result of the accident at the Chernobyl Atomic Power Plant and who live and work on contaminated territory, the limit of additional yearly irradiation is 5 mSv. Under the Draft Standard NRBU-97 the permissible level of irradiation will be established as 2 mSv. The Committee hopes that the Government will soon be in a position to supply the provisions adopted, and that these will be consistent with the 1990 recommendations of the ICRP and the International Basic Safety Standards.

3. Article 8. The Committee notes the information supplied by the Government, in which it informs that the provisions of the Convention are applied to "Category A personnel" and in general measures for protection, to a restricted part of the population. It further indicates that, for that restricted part of the population not directly connected with radiation, but present in places where they may be exposed to the effects of ionizing radiation, the permissible level of irradiation is 5 mSv. The dose limit according to the Draft Standard NRBU-97 will be 2 mSv. The Committee would recall section 5.4.5 of the ILO Code of Practice of 1986, under which workers not directly involved in radiation work shall be protected as if they were members of the public. The annual effective dose equivalent limit for these remains at 1 mSv according to the International Commission for Radiological Protection (ICRP) Recommendations of 1990. The Government is requested to supply information on steps taken or contemplated to establish limits in accordance to those fixed in the mentioned recommendations.

4. Alternative employment. The Committee notes with regret that the Government's latest report contains no information regarding the provision of alternative employment for workers who well before retirement have accumulated a life-time dose of ionizing radiation. The Committee therefore recalls paragraphs 28 to 34 and 35(d) of its 1992 general observation under the Convention as well as the principles reflected in paragraphs I.18 and V.27 of the International Basic Safety Standards. It reiterates its firm hope that the next report of the Government will provide information on measures taken or contemplated to ensure effective protection of workers who may have accumulated exposure beyond which an unacceptable risk of detriment is to occur, and who may be faced with the dilemma that protecting health means losing their employment. In this connection the Committee once again requests the Government to indicate whether alterative employment is provided to the workers involved in the clean-up of the Chernobyl atomic plant accident who accordingly have been exposed to excessive levels of radiation.

5. Emergency situations. The Committee notes the information provided by the Government concerning emergency situations. The regulating documents are NRB-76/87, OSP-76/87, and "Criteria for taking decisions on measures to protect the population in the event of an accident to a nuclear reactor type, 1990". The Committee also notes the supplied table of dose criteria for decision making in the early phase of an accident. However, the Committee once again would draw the Government's attention to its previous comments made in this respect and to the questions raised in paragraph 35(c) of its general observation 1992. The Committee trusts that the Government will indicate the steps taken as regards a clear definition of circumstances in which exceptional exposure may be tolerated, the optimization of protection during accidents and emergency work through the design and protective features of the workplace, and emergency planning for intervention relying on such techniques as robotized equipment. The Government is once again requested to supply information concerning the measures taken for the protection against ionizing radiation for the 6,000 workers involved in the Chernobyl clean-up and the 4,500 workers at the Chernobyl atomic power plant.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes with interest the detailed information provided in the Government's latest report.

The Committee notes the adoption of certain regulations and texts of Ukrainian State Standards relating to machinery as well as the elaboration of the Industrial Production Safety Bill which has been submitted for consideration to the Cabinet of Ministers. The Government is requested to communicate a copy of these texts, including that of the future Law of Industrial Production Safety, once it has been adopted.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the information supplied by the Government in its report.

1. Article 3, paragraph 1, Article 6, paragraph 2, and Article 8 of the Convention. With reference to its previous direct request and its 1992 General Observation under the Convention, the Committee notes with interest that the Government is preparing national standards on radiation protection that provide for an annual dose limit of 20 mSv for workers directly engaged in radiation work and 1 mSv for those who are not, and that under current health legislation there exists specific dose limits for women of child-bearing age (40 years of age or younger) who may also not be engaged in emergency work. The Committee also notes that a draft Nuclear Energy Use and Radiation Safety Act is currently being considered by Parliament. The Committee hopes that the Government will soon be in a position to supply information on the provisions adopted and that these will be consistent with the 1990 Recommendations of the International Commission on Radiation Protection and the 1994 International Basic Safety Standards.

2. Emergency exposure situations. In its previous direct request, the Committee referred to the questions raised in paragraph 35(c) of its 1992 General Observation under the Convention and requested information on the measures taken in abnormal situations and in particular the measures taken for the protection against ionizing radiations for the 6,000 workers involved in the Chernobyl clean-up and the 4,500 workers at the Chernobyl atomic power plant. The Committee notes with interest the information provided by the Government in its report regarding the limits on increased exposure of workers to ionizing radiations in emergency situations. It would once again draw the attention of the Government to paragraph 35(c) of its General Observation as well as paragraphs 233 and 236 of the International Basic Safety Standards, and requests the Government to indicate the steps taken in relation to the strict definition of circumstances in which exceptional exposure might be tolerated, the optimization of protection during accidents and emergency work through the design and protective features of the workplace and emergency planning for intervention relying on such techniques as robotized equipment.

3. Provision of alternative employment. With reference to its previous direct request, and paragraphs 28 to 34 and 35(d) of its 1992 general observation under the Convention and the principles reflected in paragraphs 96 and 238 of the International Basic Safety Standards, the Committee requests the Government to provide information on measures taken or contemplated to ensure effective protection of workers who may have accumulated exposure beyond which an unacceptable risk of detriment is to occur, and who may be faced with the dilemma that protecting their health means losing their employment. The Committee again requests the Government in this connection to indicate whether alternative employment is provided to the workers involved in the clean-up of the Chernobyl atomic plant accident who have been exposed to excessive levels of radiation.

[The Government is asked to report in detail in 1997.]

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the Government's indication in its latest report that, under the 1992 Labour Protection Law of the Ukraine, the relevant state bodies are to formulate new regulations and directives in compliance with the provisions of this Convention. It further notes that, by virtue of the Decree of the Supreme Soviet of Ukraine No. 1545-XII of 12 September 1991, the legislation of the Soviet Union previously applicable in the Ukraine is to remain in force until new legislation adopted by the Supreme Soviet of Ukraine indicates to the contrary. The Government is requested to supply in its future reports full information on any new measures adopted concerning the application of the Convention, including any text repealing or amending the relevant provision of the following legislation: the Fundamental Principles governing the Labour Legislation of the USSR and the Union Republics of 15 July 1970; the Labour Code of the Ukraine of 9 December 1971; the Ordinance on State Health Supervision of 29 October 1963; Occupational Safety and Health Regulations for Commercial Establishments of 21 May 1959; and the Sanitary Norms for the design of Industrial Enterprises (CH245-71) of 5 November 1971.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

1. (a) The Committee notes with interest the information provided by the Government in reply to its General Observation of 1987. It would refer the Government to paragraphs 16 to 27 of its present General Observation under this Convention and requests the Government to reply to the questions raised in paragraph 35(c), particularly as concerns the measures taken in abnormal situations and to indicate the measures taken for the protection against ionising radiations for the 6,000 workers involved in the Chernobyl clean-up action and the 4,500 power-plant workers. The Government is also requested to indicate whether any measures have been taken or are envisaged to close the three nuclear power generators still operating at the Chernobyl plant.

(b) The Committee notes from the Government's report that workers exposed to ionising radiations are regularly provided with medical examinations and that there is a list of 34 medical contra-indications for work involving such exposure. The Government is referred to paragraphs 28 to 34 of the Committee's General Observation and requested to indicate whether alternative employment is provided to workers for whom continued exposure to ionising radiations is medically inadvisable, and particularly for those workers involved in the clean-up who have been exposed to excessive levels of radiation.

2. Article 8 of the Convention. The Committee notes from the Government's report that the maximum radiation dose for workers not directly employed in work involving exposure to ionising radiations is set at 0.5 rem per year or 5 mSv. The Committee would recall that, according to section 5.4.5 of the ILO Code of Practice on the Radiation Protection of Workers (Ionising Radiations) of 1986, the employer has the same obligations towards workers not directly engaged in radiation work, as far as restricting their radiation exposure is concerned, as if they were members of the public. The International Commission on Radiological Protection recommends an annual effective dose equivalent limit for the general public of 1 mSv averaged over any five consecutive years. The Government is requested to indicate whether any measures have been taken or are envisaged to ensure that workers not directly engaged in radiation work are not exposed to levels of radiation any higher than those recommended for the general public.

3. The Committee would recall that, under Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention, all appropriate steps shall be taken to ensure effective protection of workers against ionising radiations and to review maximum permissible doses of ionising radiations in the light of current knowledge. In its General Observation under this Convention the Committee has set out, inter alia, the revised exposure limits established on the basis of new physiological findings by the International Commission on Radiological Protection in its 1990 Recommendations (Publication No. 60). The Government is requested to indicate the steps taken or being considered in relation to the matters raised in the conclusions to the General Observation.